Conway v Fernandez (No 2) [2018] FCA 1975

Conway v Fernandez (No 2) [2018] FCA 1975

Leave to inspect affidavits acted upon in open court should ordinarily be granted unless the necessity for a suppression or non-publication order is established to prevent prejudice to the administration of justice; in the absence of evidence warranting such an order, access must be allowed.

Jurisdiction
Australia
Judgment Date
07 December 2018
Procedural Posture
Application for Leave to Inspect Documents / Interlocutory; Application for Leave to Inspect Affidavit Evidence Post Interim Relief Hearing
Outcome
Leave to inspect documents granted
Legal Topics
['access to Court Documents' 'suppression and Non Publication Orders' 'open Justice' 'inspection of Court Files']
['practice and Procedure'] ['access to Court Documents' 'suppression and Non Publication Orders' 'open Justice' 'inspection of Court Files']

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Procedural Posture

Application for Leave to Inspect Documents / Interlocutory; Application for Leave to Inspect Affidavit Evidence Post Interim Relief Hearing

Legal Issues

  1. 1 ['Whether a non-party journalist should be given leave to inspect affidavits received into evidence and acted upon in open court' 'Whether a suppression or non-publication order should be made in relation to the affidavits and annexures']

Ratio Decidendi

Leave to inspect affidavits acted upon in open court should ordinarily be granted unless the necessity for a suppression or non-publication order is established to prevent prejudice to the administration of justice; in the absence of evidence warranting such an order, access must be allowed.

Court Disposition

Leave to inspect documents granted

Orders

  • ['Pursuant to rule 2.32(4) of the Federal Court Rules 2011 (Cth), David Marin-Guzman, journalist of The Australian Financial Review, is given leave to inspect the affidavit of Paul Conway affirmed 30 November 2018, the affidavit of Antonia Sakkas affirmed 3 December 2018, and the second affidavit of Antonia Sakkas...