Wilson Security v Gucic [2022] FCA 477

As none of the requested documents had been 'used or deployed' in open court, the principle of open justice was not engaged and the non-party application for access to documents was refused.

Jurisdiction: Australia
Judgment Date: 29 April 2022
Procedural Posture: Practice and Procedure / Interlocutory Application by Non Party for Leave to Inspect Documents
Outcome: Non-party access refused
Legal Topics: ['access to Court Documents' 'open Justice' 'inspection by Non Party']

['practice and Procedure'] ['access to Court Documents' 'open Justice' 'inspection by Non Party']

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Procedural Posture

Practice and Procedure / Interlocutory Application by Non Party for Leave to Inspect Documents

Legal Issues

1 ['Whether a non-party is entitled to inspect affidavits and submissions under r 2.32 of Federal Court Rules 2011 (Cth)' "Whether the principle of open justice is engaged only when documents are 'used' or 'deployed' in open court"]

Ratio Decidendi

As none of the requested documents had been 'used or deployed' in open court, the principle of open justice was not engaged and the non-party application for access to documents was refused.

Court Disposition

Non-party access refused

Orders

["The non-party search request filed by the Australian on 18 February 2022 for leave to inspect the affidavit of Jimmy Li sworn 7 February 2022, the Plaintiff's outline of submissions filed on 14 February 2022, the affidavit of Greg Watson affirmed on 14 February 2022, and the affidavit of service of Samantha...