Zhang v The Age Company Pty Ltd

Grace Zhang appealed to the Supreme Court of the Australian Capital Territory against a decision of a single judge who granted The Age Company Pty Ltd access to two affidavits that had been read in closed court in support of an application for a restraining order under the *Confiscation of Criminal Assets Act 2003* (ACT). The underlying proceedings had been resolved by consent orders made on a without admissions basis. The appellant contended that the primary judge erred in granting access and sought to have the application dismissed. The appeal was heard by McCallum CJ, Mossop and Kennett JJ.

The central legal issues before the Full Court were whether the primary judge erred in applying the principle of open justice when granting access to the affidavits, and whether the primary judge failed to consider all relevant matters in reaching that decision. The court also considered the implications of the proceedings having been conducted in closed court pursuant to an application under s 243(5) of the *Confiscation of Criminal Assets Act 2003* (ACT), and the effect of the subsequent resolution of the substantive proceedings by consent orders. The court also addressed the discharge of pseudonym orders that had been made to protect the appellant's identity during the pendency of the appeal.

The Full Court dismissed the appeal, upholding the primary judge's decision to grant access to the affidavits. The court reasoned that the principle of open justice, a cornerstone of the administration of justice, generally favours public access to court documents, even those initially filed in closed proceedings, particularly once the substantive matters have been resolved. The court found that the primary judge had correctly balanced the competing interests, including the public interest in transparency and the need for confidentiality in certain circumstances, and had not failed to consider relevant matters. The court concluded that the pseudonym orders were no longer warranted given the dismissal of the appeal and ordered their discharge.