Saffari v Amazon.com Inc

The Australian Broadcasting Commission (ABC) sought non-party access to documents filed in court by the applicant in proceedings before Dowdy J. Initially, the applicant had requested that these documents not be disclosed to the public or the media. However, by the first return date of the application, the applicant had changed its position and requested that the filed documents be disclosed to the media.

The central legal issue before the court was whether to grant the ABC's application for non-party access to certain documents on the court file, notwithstanding the applicant's initial objection and subsequent change of stance.

Dowdy J considered the principles governing non-party access to court documents. The court applied the established legal principles that access to court documents is generally permitted unless there are compelling reasons to the contrary. In this instance, the applicant's shift in position from opposing disclosure to supporting it, coupled with the ABC's interest as a media organisation, weighed in favour of granting access. The court determined that the applicant's initial request for non-disclosure was not maintained, and there were no overriding reasons to refuse the ABC's application.

The application for non-party access to certain documents on the Court file was granted to the Australian Broadcasting Commission.