Widjabul Wia-bal v Attorney-General of New South Wales (Confidentiality of expert reports) [2023] FCA 806

Widjabul Wia-bal v Attorney-General of New South Wales (Confidentiality of expert reports) [2023] FCA 806

Suppression and non-publication is justified only for those specific portions of expert reports that contain confidential cultural protocols and secret knowledge not publicly known, and only to the extent necessary to prevent prejudice to the proper administration of justice; overbroad redactions or material already publicized are not justified.

Jurisdiction
Australia
Judgment Date
30 June 2023
Procedural Posture
Native Title / Post Consent Determination, Application for Suppression/non Publication Orders
Outcome
Application granted in part
Legal Topics
['suppression and Non Publication Orders' 'confidentiality of Expert Reports' 'consent Determination' 'open Justice']
['native Title' 'practice and Procedure'] ['suppression and Non Publication Orders' 'confidentiality of Expert Reports' 'consent Determination' 'open Justice']

Case Brief

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

Native Title / Post Consent Determination, Application for Suppression/non Publication Orders

Legal Issues

  1. 1 ['Whether suppression/non-publication of portions of expert reports is necessary to prevent prejudice to proper administration of justice' 'Whether proposed redactions properly suppress confidential cultural knowledge/protocols' 'Whether some redactions relate to matters already disclosed']

Ratio Decidendi

Suppression and non-publication is justified only for those specific portions of expert reports that contain confidential cultural protocols and secret knowledge not publicly known, and only to the extent necessary to prevent prejudice to the proper administration of justice; overbroad redactions or material already publicized are not justified.

Court Disposition

Application granted in part

Orders

  • ['Order 1 made on 25 November 2022 vacated.' 'Applicant to file within 7 days redacted versions of Correy and Rugiano expert reports with specified portions redacted.' 'Suppression (non-publication) of unredacted and heavily redacted versions of reports and specified annexures, only to be available to applicant and...