The Limits of Open Justice in Commercial Litigation: A Reply to Justice Lee
Schedule
Wed Nov 06 2024 at 05:30 pm to 08:00 pm
UTC+08:00Location
Bennett Litigation and Commercial Law | Perth, WA
About this Event
Anglo-Australasian Lawyers Society(Western Australia) presents a 'Black Label' series seminar featuring DR. MICHAEL DOUGLAS:
The Limits of Open Justice in Commercial Litigation: A Reply to Justice Lee
Synopsis
According to the Financial Review, Justice Lee ‘reckons corporate Australia has a problem with the notion of open justice’. In recent public comments, his Honour has defended the principle of open justice in its application to Australian courts. He has criticised the tendency of practitioners to seek broad suppression and non-publication orders, including in commercial matters.
Despite the primacy of open justice as a common law value, there are principled bases by which Australian courts may depart from open justice and deny the public access to information, which challenge the sentiments of media coverage of Justice Lee’s comments. Open justice is an ‘open-textured concept’ which must give way to the text, context and purpose of legislative materials that govern the exercise of courts’ jurisdiction over commercial litigation.
This seimnar will consider the limits of open justice in commercial litigation in the Federal Court, where media have been justifiably denied access to court documents amidst the settlement of disputes, in furtherance of the overarching purpose of civil practice and procedure.
About the presenter
Dr Michael Douglas is a Consultant at Bennett, specialising in commercial litigation and media law.
Michael had a previous career as a legal academic. While lecturing at the University of Sydney, and later, the University of Western Australia, Michael co-authored and co-edited 5 books, including the latest edition of Nygh’s Conflict of Laws in Australia with the Chief Justice of New South Wales and others; and the text, Media Law (Oxford University Press, 2022), with David Rolph and others; as well as over 100 articles, chapters and notes. Michael’s PhD (USyd) was on defamation law and the conflict of laws.
Michael’s academic work has been cited in superior courts including the High Court of Australia. His legal commentary, especially as regards defamation law, is regularly featured in popular media, including by the ABC, The Sydney Morning Herald and The New York Times.
Where is it happening?
Bennett Litigation and Commercial Law, Level 14, Westralia Square, Perth, AustraliaEvent Location & Nearby Stays:
AUD 11.90 to AUD 54.26
