McLaughlin v Glenn [2020] FCA 679

McLaughlin v Glenn [2020] FCA 679

Orders for non-publication and suppression were made over the schedule to the originating applications (the original complaints to the AHRC and associated documents) and the statements of claim filed in both proceedings, as such orders were necessary to prevent prejudice to the proper administration of justice, considering the confidential terms of settlement, the stage at which the proceedings settled (before a defence was filed), and the public interest in settlement and confidentiality.

Jurisdiction
Australia
Judgment Date
19 May 2020
Procedural Posture
Application for Suppression or Non Publication Order / Post Settlement, Following Access Request by Third Party
Outcome
Suppression and non-publication orders made over specified documents; third-party access request to statement of claim refused.
Legal Topics
['suppression and Non Publication Orders' 'access to Court Documents' 'settlement Confidentiality']
['practice and Procedure' 'administrative Law' 'human Rights'] ['suppression and Non Publication Orders' 'access to Court Documents' 'settlement Confidentiality']

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Procedural Posture

Application for Suppression or Non Publication Order / Post Settlement, Following Access Request by Third Party

Legal Issues

  1. 1 ['Whether non-publication or suppression orders should be made over certain documents filed on the court file after settlement of proceedings to prevent prejudice to the proper administration of justice' 'Whether the AHRC complaint forms part of the originating application such that it is subject to third party access as of right']

Ratio Decidendi

Orders for non-publication and suppression were made over the schedule to the originating applications (the original complaints to the AHRC and associated documents) and the statements of claim filed in both proceedings, as such orders were necessary to prevent prejudice to the proper administration of justice, considering the confidential terms of settlement, the stage at which the proceedings settled (before a defence was filed), and the public interest in settlement and confidentiality.

Court Disposition

Suppression and non-publication orders made over specified documents; third-party access request to statement of claim refused.

Orders

  • ["Schedule to the originating application and statement of claim filed in each proceeding to be confidential and publication prohibited (except to parties' legal representatives) until further order." 'Third-party application for access to the statement of claim refused.']