Nine Network Australia v Seven Network (Operations) [2006] NSWSC 669

Nine Network Australia v Seven Network (Operations) [2006] NSWSC 669

Media non-parties will not be heard or granted party status to contest extension of confidentiality orders over pre-trial affidavit not read in open court, absent evidence of a specific interest. The implied undertaking of confidentiality applies prior to open administration of justice, and the open court principle does not extend to unpublished pre-trial documents.

Jurisdiction
Australia
Judgment Date
27 June 2006
Procedural Posture
Equity Application / Interlocutory Application (media Non Party Heard, Extension of Ex Parte Order, Party Status)
Outcome
Application at this stage refused
Legal Topics
['non Party Intervention' 'media and Publication Restraint' 'injunctions' 'ex Parte Orders' 'pre Trial Confidentiality']
['procedure'] ['non Party Intervention' 'media and Publication Restraint' 'injunctions' 'ex Parte Orders' 'pre Trial Confidentiality']

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Procedural Posture

Equity Application / Interlocutory Application (media Non Party Heard, Extension of Ex Parte Order, Party Status)

Legal Issues

  1. 1 ['Whether media non-parties should be heard on an application to extend ex parte non-publication orders over materials not read in court' 'Whether media applicants should be granted party status concerning injunction restraining publication of affidavit contents' 'Whether media has sufficient interest absent evidence to contest maintenance of pre-trial confidentiality order']

Ratio Decidendi

Media non-parties will not be heard or granted party status to contest extension of confidentiality orders over pre-trial affidavit not read in open court, absent evidence of a specific interest. The implied undertaking of confidentiality applies prior to open administration of justice, and the open court principle does not extend to unpublished pre-trial documents.

Court Disposition

Application at this stage refused

Orders

  • ['Application by media applicants to be heard refused (no evidence of interest)' 'Application by media applicants for party status refused (no evidence)' 'Orders 1 to 7 in initialled draft order made by consent or not opposed' "First defendant's costs of today reserved"]