Reynolds v JP Morgan Administrative Services Australia Limited (No 2) [2011] FCA 489

FEDERAL COURT OF AUSTRALIA

Reynolds v JP Morgan Administrative Services Australia Limited (No 2)[2011] FCA 489 Citation: Reynolds v JP Morgan Administrative Services Australia Limited (No 2) [2011] FCA 489

Parties: KYLIE REYNOLDS v JP MORGAN ADMINISTRATIVE SERVICES AUSTRALIA LIMITED and BRIAN JOHNSON

File number: NSD 1325 of 2010

Judge: RARES J

Date of judgment: 13 May 2011

Catchwords: PRACTICE AND PROCEDURE – application by non-party to inspect Form 167 and Form 168 filed pursuant to O 81 rr 5(2) and 7(1) of the Federal Court Rules – whether Form 167 is part of an originating process within O 46 r 6(2)(a) – whether Form 167 or Form 168 is a pleading or particulars of a pleading within O 46 r 6(2)(c) Held: neither Form 167 nor Form 168 was an originating process, pleading or particulars of a pleading within the meaning of O 46 r 6(2)(a) or (c) – non-party has no right to inspect PRACTICE AND PROCEDURE - whether leave should be granted to non-party to inspect a Form 167 or Form 168 pursuant to O 46 r 6(4) – no evidence led to support application to inspect – Form 167 and Form 168 filed under compulsion in accordance with O 81 rr 5(2) and 7(1) – implied undertaking as to confidentiality of documents produced by compulsion of Court orders or requirements – settlement agreement between parties to keep the terms of the complaint and attachments to the Form 167 confidential – Form 167 and Form 168 not deployed nor played any part in conduct of the proceedings in open court – principle of open justice not engaged – public interest in settlement of litigation Held: application to inspect each Form 167 and Form 168 refused