Gadens Lawyers Brisbane and Australian Securities and Investments Commission (Freedom of information)

This matter concerned an application by Gadens Lawyers Brisbane (the applicant) for access to documents held by the Australian Securities and Investments Commission (ASIC). The dispute arose from ASIC's decision to grant access to certain documents, which Gadens sought to have set aside. The case was heard by Deputy President R I Hanger AM QC.

The primary legal issues before the court were whether certain documents were conditionally exempt from disclosure under section 47G(1)(a) of the *Freedom of Information Act 1982* (Cth), on the basis that their disclosure would unreasonably affect the lawful business, commercial, or financial affairs of the applicant. Additionally, the court considered whether access to these documents would be contrary to the public interest under section 11A(5) of the Act.

The court reasoned that the reputation of a legal firm is of fundamental importance. While acknowledging that some of the material in the documents was already in the public domain, particularly through a newspaper article detailing complaints against Gadens concerning its alleged role in deals involving clients of a financial advisor, the court noted that the documents contained more detail than the article. However, the court was satisfied that the essence of the matters involved in the documents was captured by the newspaper article. The court also considered the age of the documents, noting that while their age might allow the applicant to mitigate adverse publicity by highlighting the passage of time, it also had the potential to "reopen old wounds" for the applicant.

Ultimately, the court set aside the decision to grant access to the documents and refused access to certain documents, finding that their disclosure would unreasonably affect the lawful business, commercial, or financial affairs of the applicant.