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Suppression and non-publication orders in civil litigation

Cairns, BC 2018 , 'Suppression and non-publication orders in civil litigation' , Journal of Civil Litigation and Practice, vol. 7, no. 2 , pp. 63-76 .

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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 Type: Article
Authors/Creators:Cairns, BC
Keywords: suppression orders, non-publication orders, civil litigation, court proceedings, confidentiality
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

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