Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oldham v Capgemini Australia Pty Ltd (No 2) [2016] FCA 1101 File number: VID 582 of 2014
Judge: MORTIMER J
Date of judgment: 8 September 2016
Catchwords: PRACTICE AND PROCEDURE – third party application for leave to inspect documents – non-party sought leave to inspect Australian Human Rights Commission complaint attached to originating application and referred to in statement of claim for potential use in overseas criminal proceeding – no inspection as of right of documents referred to in statement of claim – consideration of relevant factors including confidentiality of proceedings before the Commission, relevance of settlement of proceeding, principles of open justice, and utility of granting access – application refused
Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Federal Court Rules 2011 (Cth) r 2.32(4) Federal Court Rules 1979 (Cth) O 46, r 6(4) Evidence Act 1995 (Cth) s 191
Cases cited: Hogan v Australian Crime Commission [2010] HCA 2; 240 CLR 651 Oldham v Capgemini Australia Pty Ltd [2015] FCA 1149 Reynolds v JP Morgan Administrative Services Australia Ltd (No 2) [2011] FCA 489; 193 FCR 507
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