Rich v Harrington [2007] FCA 1979

Rich v Harrington [2007] FCA 1979

Public access should be allowed to documents or parts of documents received in evidence and relied upon during the hearing of the motion concerning client legal privilege, but not to irrelevant material received in evidence for convenience or evidentiary reasons, unless the interests of justice require otherwise. The principle of open justice does not require disclosure of irrelevant evidence or evidence that may prejudice future proceedings.

Parties
Applicant: Christina Madeline Rich; Respondents: Anthony Harrington & Ors; Respondent: Fourteenth Respondent; Intervener: Nationwide News Pty Limited and John Fairfax Pty Limited
Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Interlocutory Motion / Ruling on Media and Public Access to Evidence
Outcome
Orders made restricting non-party access to certain evidence; public leave granted for parts relied upon in the motion.
Legal Topics
Open Justice, Access to Court Documents, Client Legal Privilege
Civil Procedure Open Justice Access to Court Documents Client Legal Privilege

Case Brief

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Parties

Christina Madeline Rich

Applicant

Anthony Harrington & Ors

Respondents

Fourteenth Respondent

Respondent

Nationwide News Pty Limited and John Fairfax Pty Limited

Intervener

Procedural Posture

Interlocutory Motion / Ruling on Media and Public Access to Evidence

Legal Issues

  1. 1 To what extent should non-parties, including the media, be allowed access to documents received in evidence during an interlocutory application?
  2. 2 Whether the public interest in open justice requires access to material not relied on by the parties or court on the privilege motion.

Ratio Decidendi

Public access should be allowed to documents or parts of documents received in evidence and relied upon during the hearing of the motion concerning client legal privilege, but not to irrelevant material received in evidence for convenience or evidentiary reasons, unless the interests of justice require otherwise. The principle of open justice does not require disclosure of irrelevant evidence or evidence that may prejudice future proceedings.

Court Disposition

Orders made restricting non-party access to certain evidence; public leave granted for parts relied upon in the motion.

Orders

  • No person who is not a party to this proceeding or a legal representative of a party may inspect any of the documents behind Tab 2 of exhibit BGM-1 to the affidavit of Bronwyn Gaye Maynard sworn on 12 October 2007, other than as provided below.
  • Leave is granted generally for any person to inspect those portions of the Tab 2 material relied upon on the hearing of the motion on 1 November 2007.