Gray, G.L. & Anor v. Hedigan, J.J. & Ors [1994] FCA 744

JUDGMENT No, wilt 7 V4 CATCHWORDS

PRACTICE AND PROCEDURE - confidentiality order - appeal concerning whether settlement containing term that it was not to be disclosed should be set aside - whether the Full Court should make an order preserving the confidentiality of the terms.

Australian Broadcasting Commission v. Parish (1980) 29 ALR 228

: PH HEDI

VG 314 of 1994

P. DI VG 315 of 1994

Burchett, Foster & O'Loughlin JJ.

Melbourne 6 October 1994

RECEIV™ 4 18 OCT 1994

FEDERAL COURT Or

AUSTRALIA f PRINCIPAL a REGISTRY

INTHE FEDERAL COURT OF AUSTRALIA Vv TRY

GENERAL DIVISION

VG 314 of 1994 VG 315 of 1994

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RICK LEWI

FREDERICK WINTER Appellants AND: PH HEDI T, P ' LAS an E

First Named Respondents

AND: METZKE & ALLAN

Second Named Respondent AND: HANN NOMINEES PTY LTD

Third Named Respondent AND: PETER HANN

Fourth Named Respondent

BETWEEN: GRAY & WINTER Appellants AND: JOHN JOSEPH HEDIGAN, PAUL MARSHALL GUEST, PETER JOHN O' CALLAGHAN, ALLAN JAMES MYERS and ALEX CHERNOV

First Named Respondents

AND: METZKE & ALLAN

Second Named Respondent

AND: HANN NOMINEES Pry LTD Third Named Respondent

AND: PETER HANN

Fourth Named Respondent

2. CORAM: Burchett, Foster and O'Loughlin JJ.

PLACE: Melbourne DATE : 6 October 1994

R IDGMEN'

One of the aims of the administration of justice has always been to facilitate the settlement of disputes, in order to avoid or reduce the bitterness and harshness of litigation. The law recognizes that "Blessed are the peacemakers". In the negotiation of settlements it has often been found that the preservation of the privacy of an agreement assists settlement.

Courts have accordingly made orders that terms of settlement not

be disclosed.

In this Court, however, it is generally thought preferable not to make such an order. Instead, parties who wish to reach confidential settlements are free to agree to keep the terms private. There is, of course, no reason why they should not do so. Principles of high importance which are relevant to this question were discussed in detail in Australian Broadcasting Commission v. Parish (1980) 29 ALR 228. There the Court took as the starting point the common law rule that justice is generally