Murray Lower Darling Rivers Indigenous Nations v Commonwealth (No 2)
[2025] FCA 1037
Citation 1
(Para 12)
…FCA 646] at [29]) and the principle of open justice, that justice must not only be done but be seen to be done, is fundamental ( Scott v Scott [1913] UKHL 2; [1913] AC 417), the principle has never been absolute. The principle has always yielded to contrary necessity (an appropriately high bar specified in s 37…
Deputy Commission of Taxation v Elzain
[2024] FCA 342
Citation 2
(Para 16)
…re embarrassment, inconvenience or annoyance will not suffice” as a ground, the open justice principle is “fundamental” (citing Scott v Scott [1913] UKHL 2; [1913] AC 417) but “has always yielded to contrary necessity” and “in contrast to the mere convenience or preference of parties”.…
Legal Services Commissioner v JXL
[2023] QSC 283
Citation 3
…(1998) 18 FCR 434, cited RP v Foreman [2021] VSCA 115, cited Russell v Russell (1976) 134 CLR 495; [1976] HCA 23, cited Scott v Scott [1913] AC 417; [1913] UKHL 2, cited Secretary, Department of Justice and Regulation v Zhong (No 2) [2017] VSCA 19, cited Taylor v State of Victoria [2023] VSC 320, considered COU…
Lee v Deputy Commissioner of Taxation
[2023] FCAFC 22
Citation 4
(Para 15)
…he principle of open justice, that justice must not only be done but be seen to be done, is fundamental ( Scott v Scott [1913] UKHL 2; [1913] AC 417), the principle has never been absolute. The principle has always yielded to contrary necessity (an appropriately high bar specified in s 37AG(1), in contrast to th…
Deputy Commissioner of Taxation v Lee
[2022] FCA 1307
Citation 5
(Para 6)
…the principle of open justice, that justice must not only be done but be seen to be done, is fundamental ( Scott v Scott [1913] UKHL 2; [1913] AC 417), the principle has never been absolute. The principle has always yielded to contrary necessity (an appropriately high bar specified in s 37AG(1), in contrast to…
Lake Vermont Marketing Pty Ltd v Coranar (Australia) Pty Ltd (No 2)
[2018] QCA 40
Citation 6
…2018] QCA 2, related Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403, considered Scott v Scott [1913] AC 417; [1913] UKHL 2, considered COUNSEL: S Couper QC, with J M O’Connor, for the appellant G A Thompson QC, with E L Hoiberg, for the respondent SOLICITORS: DLA Piper for the appellant Allens for the r…
Porter v Australian Broadcasting Corporation
[2021] FCA 863
Citation 7
(Para 16)
…n” ( Keyzer at [29]) and the principle of open justice, that justice must not only be done but be seen to be done, is fundamental ( Scott v Scott [1913] UKHL 2; [1913] AC 417), the principle has never been absolute. The principle has always yielded to contrary necessity (an appropriately high bar specified in s…