Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Macquarie Radio Network Pty Ltd v Australian Broadcasting Authority [2002] FCA 1408
PRACTICE AND PROCEDURE – application by non-party to inspect affidavit on court file pursuant to Federal Court Rules, O 46 r 6 – whether leave should be granted to inspect annexures in respect of which confidentiality orders were in place during hearing. Federal Court Rules ("FCR"), O 46 r 6 Supreme Court Rules 1970, Pt 65 r 7(1) Broadcasting Services Act 1992 (Cth), s 154 R v Davis (1995) 57 FCR 512, cited. Australian Securities and Investments Commission v Rich (2001) 51 NSWLR 643, cited. eisa Ltd v Brady [2000] NSWSC 929, cited. Australian Competition and Consumer Commission v ABB Transmissions and Distribution Ltd (No. 3) [2002] FCA 609, cited. White v Overland (2001) 67 ALD 731, cited. E Willheim, "Are Our Courts Truly Open?" (2002) 13 Pub LR 191 MACQUARIE RADIO NETWORK PTY LTD & ORS v AUSTRALIAN BROADCASTING AUTHORITY N 1185 of 2001 SACKVILLE J SYDNEY 15 NOVEMBER 2002
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1185 OF 2002
JUDGE: SACKVILLE J
DATE OF ORDER: 15 NOVEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Leave be granted pursuant to Federal Court Rules O 46 r 6(3) to representatives of the Australian Broadcasting Corporation, News Limited, John Fairfax Holdings Ltd, and John Fairfax Publications Pty Ltd to inspect the affidavit of Ms Cass-Gottlieb affirmed on 8 November 2002, but such leave is not to extend to Annexures C, E and F to the affidavit. 2. Leave is refused to inspect the document being Exhibit B admitted into evidence at the hearing of 8 November 2002. 3. Leave is granted to representatives of the Australian Broadcasting Corporation, News Limited, John Fairfax Holdings Ltd, and John Fairfax Publications Pty Ltd to inspect the transcript of the interlocutory proceedings heard on 8 November 2002. 4. Nothing in Order 2 made on 14 November 2002, relating to the confidentiality of Exhibit B, prevents publication of these reasons for judgment or any part thereof.
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