Appleroth v Ferrari Australasia Pty Limited
[2020] FCA 756
Citation 1
…the main proceeding in itself did not deprive a non-party of access to a pleading according to counsel. He referred to Appleroth v Ferrari [2020] FCA 756 , where access was allowed to originating documents where the action had been discontinued even before service of those documents. However, he agreed in this c…
John Fairfax Publications Pty Ltd v Ryde Local Court
[2005] NSWCA 101
Citation 2
…ee-standing or divine right for a non-party to inspect a document, referring to Smith v Harris at p.350 and John Fairfax v Ryde Local Court (2005) 62 NSWLR 512 at paras. 27-30. This was absent the documents being deployed in open court which is an important distinction. John Dixon J in Bolitho at para. 21, had agreed…
Williams v Forgie
[2003] FCA 991
Citation 3
…es relied upon by the media to justify intrusion and possible serious damage to the reputation in his submission, that is Williams v Forgie [2003] FCA 991 and John Fairfax v Local Court, (1991)26 NSWLR 31 , were both cases where the proceedings had been completed in open court, unlike the present proceedings. He…
Eisa Ltd v Brady
[2000] NSWSC 929
Citation 4
…o cause damage to the reputation of Mr Savas which is a relevant consideration, referring to Smith v Harris as well as Eisa Pty Ltd v Brady [2000] NSWSC 929 at para. 20. 30He submitted that the cases relied upon by the media to justify intrusion and possible serious damage to the reputation in his submission, that…
Grassby v The Queen
[1989] HCATrans 80
Citation 5
…ia was a creature of statute and only derived its powers from legislation or by implication from the legislation, referring to Grassby v R, (1989) 168 CLR 1 at p.16. He submitted that the Magistrates' Court of Victoria has no inherent jurisdiction though it may have power by implication from the legislation. There…
Bolitho v Banksia Securities Limited (No 9)
[2020] VSC 309
Citation 6
…filed with the court was not part of the proceedings until deployed at trial, referring to a recent ruling in Bolitho v Banksia Securities [2020] VSC 309 , which involved media access to documents on a court file. 17In para. 28 of that case, John Dixon J rejected the notion that untested allegations in a civil p…
“XYZ 1” v State of Victoria
[2001] VSC 233
Citation 7
…t only in exceptional circumstances should public access be excluded. 19More relevant to Victoria was the ruling in XYZ v State of Victoria [2001] VSC 233 , in which the media sought access to a court file prior to trial in a civil case alleging sexual abuse. In considering the application, Gillard J allowed the…