Australian Securities and Investments Commission v Cassimatis (No 4)

The Australian Securities and Investments Commission (ASIC) brought proceedings against Mr Cassimatis, in which affidavits were filed in open court. A third party, Mr El-Hajj, applied for leave to inspect these affidavits. The Federal Court was tasked with determining whether Mr El-Hajj could inspect the affidavits read in open court.

The central issue before the court was whether the reading of affidavits in open court permitted a third party to inspect them, and if so, under what conditions. The court had to balance the principles of open justice and confidentiality of information contained in affidavits. The case hinged on interpreting the meaning and effect of reading affidavits in open court and whether this practice necessitated granting leave for inspection.

The court found that the reading of affidavits in open court did not preclude a third party from inspecting them. It held that the open court principle and the need for transparency in legal proceedings did not automatically bar inspection by a third party. The court emphasised that while the open court principle promotes transparency, it does not override the necessity for confidentiality in certain circumstances. The court granted leave for inspection, recognising that the third party had a legitimate interest and that the information in the affidavits was not inherently confidential. This decision underscored the importance of balancing open justice with the protection of sensitive information.

The court ordered that Mr El-Hajj be granted leave to inspect the four affidavits read in open court. This decision aligns with the Federal Court Rules 2011, ensuring that the application of these rules in practice is consistent with the principles of justice and fairness.