Reliance Capital Pty Ltd v Caratti [No 8]

Reliance Capital Pty Ltd took proceedings against the Caratti family, alleging breaches of fiduciary duties and dishonest assistance. The matter came before the court when the first defendant sought to restrict who could attend the hearing. Specifically, the application was to prevent representatives of the first defendant's brother and representatives of the press or media from attending. The court had to consider the principles of open justice and the evidential basis for the application. The legal issues involved balancing the right to a fair trial against the public's right to know what happens in court. The court determined that the application was not supported by sufficient evidence and that the principles of open justice were not adequately addressed. Therefore, the application was refused. The court emphasised that each case turns on its own facts and that the onus was on the applicant to show why the principles of open justice should be set aside in this instance. The court did not find the evidence compelling enough to justify such restrictions.

The decision underscores the importance of open justice in legal proceedings and the high threshold required for any restrictions on attendance. The court found that the application was inadequately supported and did not meet the necessary standard to justify limiting who could be present. The ruling reaffirms that the public's right to attend court proceedings is a fundamental aspect of the justice system, and any deviations from this principle must be well-founded. The final orders of the court were that the application to restrict attendance was refused, and the proceedings would continue with full public access.