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Suppression and non-publication orders in civil litigation


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]

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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
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

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