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Suppression and non-publication orders in civil litigation
Citation
Cairns, BC, Suppression and non-publication orders in civil litigation, Journal of Civil Litigation and Practice, 7, (2) pp. 63-76. ISSN 1839-4574 (2018) [Refereed Article]
Copyright Statement
Copyright 2018 Thomson Reuters (Professional) Australia Limited
Official URL: http://sites.thomsonreuters.com.au/journals/catego...
Abstract
There is an embedded constitutional and public interest in the impartial administration of justice. Court proceedings must be conducted transparently and be accessible to public and professional scrutiny, circumventing the opportunity for special treatment for selected litigants. To this end, normally court proceedings are held in public and are available for reporting. There are, however, important exceptions. Confidentiality is sometimes necessary in the interests of justice. The court may impose confidentiality to protect intellectual property, trade secrets or commercial confidences, or to prevent unnecessary disclosure of information amongst trade rivals. The public character of court proceedings should not be such as to deter access to the court to assert or defend a legal entitlement.
Item Details
Item Type: | Refereed Article |
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Keywords: | suppression orders, non-publication orders, civil litigation, court proceedings, confidentiality |
Research Division: | Law and Legal Studies |
Research Group: | Legal systems |
Research Field: | Civil procedure |
Objective Division: | Law, Politics and Community Services |
Objective Group: | Justice and the law |
Objective Field: | Civil justice |
UTAS Author: | Cairns, BC (Dr Bernard Cairns) |
ID Code: | 129066 |
Year Published: | 2018 |
Deposited By: | Law |
Deposited On: | 2018-11-07 |
Last Modified: | 2019-01-11 |
Downloads: | 0 |
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