Mendicino and Mendicino and Ors (No 3)

In *Mendicino and Mendicino and Ors (No 3)*, Murphy J of the Federal Circuit Court of Australia considered an application concerning the sealing and access to certain affidavits and documents. The dispute involved the wife's desire to have specific affidavits and annexures sealed, and to restrict access to documents produced by a third party, Mr James Bell QC.

The primary legal issues before the court were whether to grant the wife's application to seal particular affidavits and their annexures, and whether to impose restrictions on access to documents produced by Mr Bell QC pursuant to a subpoena. The court was required to balance the wife's asserted need for confidentiality against the general principles of open justice and the rights of the other parties to access relevant evidence.

Murphy J ordered that the Registrar seal the wife's affidavit filed on 7 November 2014 and the affidavit of Ms U filed on the same date, along with their respective annexures and exhibits, in a package to remain with the court file and not be opened except by further order. The wife was also directed to file amended versions of these affidavits within seven days, omitting specific paragraphs and an annexure from her affidavit, and a particular annexure from Ms U's affidavit. Furthermore, the wife and her legal representatives were prohibited from accessing documents produced by Mr James Bell QC, which the Registrar was directed to place in a sealed envelope marked "Not to be opened without order of the court." Any applications regarding the costs of this application were reserved for Kent J.