Clarke & Ors v Qld Newspapers P/L & Anor

Clarke and Kann, a law firm, sought an interim injunction to restrain Queensland Newspapers and News Limited from publishing an article in the Courier Mail about the firm. The application was made in haste and the Court granted the injunction to allow Clarke and Kann to prepare a response. One of the orders required the defendants to provide a copy of any article they intended to publish containing the matters referred to in the injunction. The plaintiffs then sought an order for the defendants to produce the draft article for inspection. The defendants opposed the application, arguing that there were no special circumstances and that the interests of justice did not require disclosure. The Court considered the relevant rules and case law and found that the criteria for ordering disclosure had not been satisfied. There was no evidence that the intended article yet existed and practical difficulties would be encountered in requiring disclosure at that stage. The Court also noted the importance of freedom of speech and the need to exercise caution in ordering interlocutory relief. The Court found that the plaintiffs had had an opportunity to respond to the allegations and there was no well-grounded fear that the publication would be clearly unlawful. The order for disclosure was therefore vacated.