Griffin v Bartier Perry Pty Limited

The case of Griffin v Bartier Perry Pty Limited involved an application for suppression and non-publication orders concerning the disclosure and publication of pleadings. The matter was before the Court, and the respondents, represented by Mr Zisis, sought these orders to prevent prejudice to the mediation process that was yet to occur. The respondents argued that the disclosure of the Form 2 document, which contained sensitive allegations, could affect the parties' ability to reach a settlement. They also contended that publication of this information before the mediation concluded might undermine key elements of any potential settlement agreements, such as confidentiality and non-disparagement.

The court considered whether suppression and non-publication orders were necessary to protect the mediation process and the proper administration of justice. The court acknowledged that the matter was in its early stages, and the timing of the mediation depended on the availability of a registrar. It was noted that similar considerations in prior cases like Patterson and Saw supported the making of such orders. The court was satisfied that disclosure of the Form 2 document could detrimentally impact the prospects of reaching a settlement and thus prevent prejudice to the proper administration of justice. Although the mediation date had not been set, the potential for a resolution of the dispute through mediation was sufficient to warrant the orders. Consequently, the court allowed the application for suppression and non-publication orders concerning the Form 2 document.

The court declined to make any order regarding the defence and reply, as those documents had not yet been filed by the parties. The suppression and non-publication orders concerning the Form 2 document were to remain in effect until seven days after the termination of the Court-ordered mediation process. The final orders ensured that the mediation could proceed without the risk of prejudice from the publication of the Form 2 document, thereby protecting the integrity of the mediation process and the interests of justice.