Nyangatjatjara Aboriginal Corporation & Ors v Registrar of Aboriginal Corporations [2006] FCA 606

Nyangatjatjara Aboriginal Corporation & Ors v Registrar of Aboriginal Corporations [2006] FCA 606

Leave was granted to inspect the affidavits because the affidavits were relied upon, hearings were held in public, publicity about the Corporation already existed, and no exceptional circumstances justified refusal of access under the principle of open justice.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 May 2006
Procedural Posture
Judicial Review / Interlocutory Application/orders for Inspection of Documents
Outcome
leave granted to inspect documents
Legal Topics
['inspection of Court Documents' 'open Justice' 'leave to Inspect Affidavits' 'suspension of Administrative Decision']
['administrative Law' 'practice and Procedure'] ['inspection of Court Documents' 'open Justice' 'leave to Inspect Affidavits' 'suspension of Administrative Decision']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review / Interlocutory Application/orders for Inspection of Documents

Legal Issues

  1. 1 ['Whether leave should be granted to non-parties to inspect affidavits and documents filed in court under Federal Court Rules, O 46 r 6' 'Whether there are exceptional circumstances justifying refusal of inspection']

Ratio Decidendi

Leave was granted to inspect the affidavits because the affidavits were relied upon, hearings were held in public, publicity about the Corporation already existed, and no exceptional circumstances justified refusal of access under the principle of open justice.

Court Disposition

leave granted to inspect documents

Orders

  • ['Leave be granted to the Australian Broadcasting Corporation to inspect the affidavits of Mr Schrader dated 29 April 2006 and 3 May 2006, Mr Harbord dated 29 April 2006 and 3 May 2006 and Mr Armstrong dated 4 May 2006.' 'Leave be granted to the Centralian Advocate to inspect the affidavit of Mr Armstrong dated 4...