McLachlan v Browne & Fairfax Media Publications Pty Ltd; McLachlan v Browne & Australian Broadcasting Corporation (No 5) [2018] NSWSC 1976

McLachlan v Browne & Fairfax Media Publications Pty Ltd; McLachlan v Browne & Australian Broadcasting Corporation (No 5) [2018] NSWSC 1976

Access to pleadings should not ordinarily be granted during interlocutory stages where opposed unless exceptional circumstances exist. The matters relied on by the defendants and media did not amount to exceptional circumstances: the plaintiff's prior release of the statement of claim did not justify surrendering the Practice Note's authority, Ms Whelan-Browne's distress did not justify using access to court files to fight the case in the press, and fair reporting could be achieved by attending court and reporting what was said in open court.

Jurisdiction
Australia
Judgment Date
17 December 2018
Procedural Posture
Defamation Proceedings; Applications by Media for Non Party Access to Court File / Interlocutory Stage Before Final Hearing; Reasons for Refusing Access to Pleadings at Least Until Commencement of Hearing
Outcome
Non-party and media access to the pleadings was refused, at least until the commencement of the hearing.
Legal Topics
['non Party Access to Court Files' 'access to Pleadings Before Conclusion of Proceedings' 'open Justice' 'exceptional Circumstances' 'fair Reporting of Proceedings']
['media and Communications' 'civil Procedure' 'defamation'] ['non Party Access to Court Files' 'access to Pleadings Before Conclusion of Proceedings' 'open Justice' 'exceptional Circumstances' 'fair Reporting of Proceedings']

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Procedural Posture

Defamation Proceedings; Applications by Media for Non Party Access to Court File / Interlocutory Stage Before Final Hearing; Reasons for Refusing Access to Pleadings at Least Until Commencement of Hearing

Legal Issues

  1. 1 ['Whether media organisations and journalists, including journalists employed by defendants, should be granted access to pleadings before the conclusion of the proceedings.' "Whether exceptional circumstances warranted departure from the Supreme Court's usual practice under Practice Note SC Gen 2 concerning access to court files." "Whether the plaintiff's prior release of the statement of claim and the circumstances of Ms Whelan-Browne justified release of the defences."]

Ratio Decidendi

Access to pleadings should not ordinarily be granted during interlocutory stages where opposed unless exceptional circumstances exist. The matters relied on by the defendants and media did not amount to exceptional circumstances: the plaintiff's prior release of the statement of claim did not justify surrendering the Practice Note's authority, Ms Whelan-Browne's distress did not justify using access to court files to fight the case in the press, and fair reporting could be achieved by attending court and reporting what was said in open court.

Court Disposition

Non-party and media access to the pleadings was refused, at least until the commencement of the hearing.

Orders

  • ['Publication of reasons for refusing non-party access to court file']