Messenger v Commonwealth of Australia [2017] FCA 879

Messenger v Commonwealth of Australia [2017] FCA 879

Given that the respondents, particularly the Second Respondent, have not been served and are unaware of the material in the statement of claim, interim orders restricting non-party access to the statement of claim are appropriate until the Second Respondent has notice and can respond.

Jurisdiction
Australia
Judgment Date
02 August 2017
Procedural Posture
Originating Application / Interlocutory; Application for Interim Non Publication Order
Outcome
Interlocutory orders for restricted access made
Legal Topics
['restriction of Access to Court Documents' 'open Justice' 'interim Orders']
['practice and Procedure'] ['restriction of Access to Court Documents' 'open Justice' 'interim Orders']

Case Brief

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Procedural Posture

Originating Application / Interlocutory; Application for Interim Non Publication Order

Legal Issues

  1. 1 ['Whether interim restriction of access to a statement of claim by non-parties is appropriate before service on respondents']

Ratio Decidendi

Given that the respondents, particularly the Second Respondent, have not been served and are unaware of the material in the statement of claim, interim orders restricting non-party access to the statement of claim are appropriate until the Second Respondent has notice and can respond.

Court Disposition

Interlocutory orders for restricted access made

Orders

  • ['Statement of Claim restricted from publication to persons other than parties in the proceeding.' 'Restriction expires at 4.00 pm on the day following the Second Respondent filing a Notice of Address for Service, unless further order.' 'Registrar to advise Second Respondent of this order upon filing Notice of...