ASIC v Adler & 4 Ors [2001] NSWSC 644

ASIC v Adler & 4 Ors [2001] NSWSC 644

There could be no material prejudice to a fair trial from releasing the Statement of Claim as its substance was already in the public domain, and openness of court processes supports its release.

Jurisdiction
Australia
Judgment Date
27 July 2001
Procedural Posture
Equity Proceeding / Interlocutory Ruling on Access to Statement of Claim
Outcome
Statement of Claim released to the media
Legal Topics
['access to Court Documents' 'openness of Court Processes' 'practice Note No. 97']
['civil Procedure'] ['access to Court Documents' 'openness of Court Processes' 'practice Note No. 97']

Case Brief

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Procedural Posture

Equity Proceeding / Interlocutory Ruling on Access to Statement of Claim

Legal Issues

  1. 1 ['Whether the Statement of Claim filed prior to any Defence should be made available to the media upon request' 'Whether releasing the Statement of Claim would prejudice the interests of justice or fairness of trial']

Ratio Decidendi

There could be no material prejudice to a fair trial from releasing the Statement of Claim as its substance was already in the public domain, and openness of court processes supports its release.

Court Disposition

Statement of Claim released to the media

Orders

  • ['Statement of Claim released']