ASIC v Adler &4 Ors [2001] NSWSC 777

ASIC v Adler &4 Ors [2001] NSWSC 777

In the absence of any identified prejudice to a fair trial and given the interests of open justice, the Court orders the release of all Defendants’ filed defences to the applicant media entity.

Parties
Plaintiff: Australian Securities & Investments Commission; First Defendant: Rodney Stephen Adler; Second Defendant: Raymond Reginald Williams; Third Defendant: Domenic Fodera; Fourth Defendant: Adler Corporation Pty Ltd (ACN 054 924 373); Fifth Defendant: Lynda Sharon Adler
Jurisdiction
Australia
Judgment Date
03 September 2001
Procedural Posture
Application / Interlocutory Decision Regarding Release of Pleadings to Media
Outcome
Application granted
Legal Topics
Release of Pleadings, Open Justice, Media Access Before Trial
Procedure Corporations Release of Pleadings Open Justice Media Access Before Trial

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Parties

Australian Securities & Investments Commission

Plaintiff

Rodney Stephen Adler

First Defendant

Raymond Reginald Williams

Second Defendant

Domenic Fodera

Third Defendant

Adler Corporation Pty Ltd (ACN 054 924 373)

Fourth Defendant

Lynda Sharon Adler

Fifth Defendant

Procedural Posture

Application / Interlocutory Decision Regarding Release of Pleadings to Media

Legal Issues

  1. 1 Should filed defences in the proceedings be released to media prior to trial?
  2. 2 Does Practice Note 97 or open justice principles preclude such release?

Ratio Decidendi

In the absence of any identified prejudice to a fair trial and given the interests of open justice, the Court orders the release of all Defendants’ filed defences to the applicant media entity.

Court Disposition

Application granted

Orders

  • All defences by the First to Fifth Defendants be made available to the applicant as and when filed and photocopies made accordingly.