Northern Territory of Australia v Mr A. Griffiths (deceased) & Anor; Commonwealth of Australia v Mr A. Griffiths (deceased) & Anor; Mr A. Griffiths (deceased) v Northern Territory of Australia & Anor

The High Court of Australia considered applications by the Northern Territory of Australia, the Commonwealth of Australia, and Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples. The proceedings concerned the publication and disclosure of certain material filed in appeal proceedings.

The central legal issue before the Court was whether to impose restrictions on the publication and disclosure of specific material, namely "Commonwealth’s Book of Further Materials Volume Three (Gender Restricted) (Pages 608‑662)". The Court was required to determine if such restrictions were necessary to prevent prejudice to the proper administration of justice, as contemplated by the Judiciary Act 1903 (Cth).

The Court reasoned that the restrictions were necessary for the proper administration of justice and made orders pursuant to ss 77RE(1)(b)(i) and 77RG(4) of the Judiciary Act. These orders stipulated that the gender-restricted volume and its copies were to be kept separate and sealed, and access would be restricted. Access was permitted to Justices, Court staff as directed, and specifically to male counsel, legal representatives, parties, officers, and expert anthropological witnesses for the purposes of specified applications. The restrictions were ordered to operate for a period of 10 years from 12 April 2019, with liberty reserved for parties to apply for variation.