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Suppression and non-publication orders in civil litigation
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Abstract
There is an embedded constitutional and public interest in the impartialadministration of justice. Court proceedings must be conducted transparently andbe accessible to public and professional scrutiny, circumventing the opportunityfor special treatment for selected litigants. To this end, normally court proceedingsare held in public and are available for reporting. There are, however, importantexceptions. Confidentiality is sometimes necessary in the interests of justice. Thecourt may impose confidentiality to protect intellectual property, trade secrets orcommercial confidences, or to prevent unnecessary disclosure of informationamongst trade rivals. The public character of court proceedings should not besuch as to deter access to the court to assert or defend a legal entitlement.
| Item Type: | Article |
|---|---|
| Authors/Creators: | Cairns, BC |
| Keywords: | Suppression and Non-publication Orders in Civil Litigation |
| Journal or Publication Title: | Journal of Civil Litigation and Practice |
| Publisher: | Thomson Reuters (Professional) Australia Ltd. |
| ISSN: | 1839-4574 |
| Copyright Information: | Copyright 2018 Thomson Reuters (Professional) Australia Limited |
| Related URLs: | |
| Item Statistics: | View statistics for this item |
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