Reynolds v JP Morgan Administrative Services Australia Limited (No 2) [2011] FCA 489

Reynolds v JP Morgan Administrative Services Australia Limited (No 2) [2011] FCA 489

Neither Form 167 nor Form 168 constitutes a pleading or originating process under O 46 r 6(2) of the Federal Court Rules; therefore, Fairfax has no right to inspect them. No sufficient basis exists to grant leave for inspection under O 46 r 6(4), particularly in light of confidentiality undertakings, the documents having been filed under compulsion and not deployed in open court, and the public interest in settlement confidentiality.

Jurisdiction
Australia
Judgment Date
13 May 2011
Procedural Posture
Application for Non Party Access to Court Documents / Post Settlement Interlocutory Application
Outcome
Application by Fairfax Media Publications Pty Ltd and journalists to inspect Forms 167 and 168 refused.
Legal Topics
['non Party Access to Court Documents' 'inspection of Documents' 'confidentiality of Documents Filed Under Compulsion' 'open Justice' 'settlement Confidentiality']
['practice and Procedure'] ['non Party Access to Court Documents' 'inspection of Documents' 'confidentiality of Documents Filed Under Compulsion' 'open Justice' 'settlement Confidentiality']

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Procedural Posture

Application for Non Party Access to Court Documents / Post Settlement Interlocutory Application

Legal Issues

  1. 1 ['Whether Form 167 or Form 168 are pleadings or originating process for the purpose of O 46 r 6(2) of Federal Court Rules' 'Whether non-party is entitled to access Form 167 or 168 as of right' 'Whether leave should be granted to inspect the forms under O 46 r 6(4), given their confidential nature and settlement']

Ratio Decidendi

Neither Form 167 nor Form 168 constitutes a pleading or originating process under O 46 r 6(2) of the Federal Court Rules; therefore, Fairfax has no right to inspect them. No sufficient basis exists to grant leave for inspection under O 46 r 6(4), particularly in light of confidentiality undertakings, the documents having been filed under compulsion and not deployed in open court, and the public interest in settlement confidentiality.

Court Disposition

Application by Fairfax Media Publications Pty Ltd and journalists to inspect Forms 167 and 168 refused.

Orders

  • ['Applications of Ms Hannah Low, Ms Vanda Carson and Fairfax Media Publications Pty Ltd to inspect Forms 167 and 168 refused.' 'Fairfax Media Publications Pty Ltd to pay the costs of the parties of the applications to inspect, apportioned equally between respondents or as otherwise agreed.']