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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]
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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 |
|---|---|
| Keywords: | Suppression and Non-publication Orders in Civil Litigation |
| Research Division: | Law and Legal Studies |
| Research Group: | Law |
| Research Field: | Civil Law and Procedure |
| Objective Division: | Law, Politics and Community Services |
| Objective Group: | Justice and the Law |
| Objective Field: | Civil Justice |
| Author: | Cairns, BC (Dr Bernard Cairns) |
| ID Code: | 129066 |
| Year Published: | 2018 |
| Deposited By: | Law |
| Deposited On: | 2018-11-07 |
| Last Modified: | 2018-11-08 |
| Downloads: | 0 |
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