Llewellyn v Nine Network Australia Pty Limited [2006] FCA 836

Llewellyn v Nine Network Australia Pty Limited [2006] FCA 836

The media and public have a right of access to pleadings in Federal Court proceedings unless compelling evidence of confidentiality is provided; the mere fact that pleadings contain untested allegations or purported confidential material is insufficient to displace the principle of open justice. Therefore, the interim confidentiality order is dissolved and costs are awarded to the news organisations that applied for access.

Parties
Applicant: Mark Llewellyn; Respondent: Nine Network Australia Pty Limited; Interested Party: John Fairfax Publications Pty Ltd; Interested Party: Nationwide News Pty Ltd
Jurisdiction
Australia
Judgment Date
30 June 2006
Procedural Posture
Application for Non Party Access to Pleadings/confidentiality Order / Interlocutory, Order for Access/costs
Outcome
Interim confidentiality order dissolved; costs awarded to media applicants
Legal Topics
Open Justice, Access to Court Documents, Confidentiality of Pleadings, Costs Application
Civil Procedure Media Law Administrative Law Open Justice Access to Court Documents Confidentiality of Pleadings Costs Application

Case Brief

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Parties

Mark Llewellyn

Applicant

Nine Network Australia Pty Limited

Respondent

John Fairfax Publications Pty Ltd

Interested Party

Nationwide News Pty Ltd

Interested Party

Procedural Posture

Application for Non Party Access to Pleadings/confidentiality Order / Interlocutory, Order for Access/costs

Legal Issues

  1. 1 Whether pleadings in Federal Court proceedings should be confidential and withheld from public inspection under O 46 r 6 Federal Court Rules
  2. 2 Principles governing open justice and exceptions to it
  3. 3 Appropriate circumstances for confidentiality orders

Ratio Decidendi

The media and public have a right of access to pleadings in Federal Court proceedings unless compelling evidence of confidentiality is provided; the mere fact that pleadings contain untested allegations or purported confidential material is insufficient to displace the principle of open justice. Therefore, the interim confidentiality order is dissolved and costs are awarded to the news organisations that applied for access.

Court Disposition

Interim confidentiality order dissolved; costs awarded to media applicants

Orders

  • The interim order made on 29 June 2006 that the Statement of Claim not be available for inspection by any person up to and including 30 June 2006 is dismissed.
  • Nine Network Australia Pty Limited is ordered to pay the costs of Nationwide News Pty Limited and John Fairfax Publications Pty Ltd relating to the application for access under O 46 r 6.