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1. This protocol sets out the general approach that might be taken when the Federal Court considers a request by a media representative (being a journalist or a person acting on behalf of a media organisation) who is not a party to a proceeding in the Court for access to one or more documents in the file relating to the proceeding.
2. Access to almost all document in proceedings in the Federal Court is determined in accordance with Rule 2.32 of the Federal Court Rules 2011. A fee is payable for any request by a person (other than a party) for production of any documents in that proceeding (see item 27 of Schedule 1 to Federal Court of Australia Regulations 2004), although these may be exempted in some circumstances. For information about any such exemption see the Exempted or Reduction of Fees section of this website.
3. Pursuant to Rule 2.32(2), a media representative may search in a Registry for, and inspect and copy, any of the following documents unless the Court or a Judge has ordered that the document is confidential:
- an originating application or cross-claim;
- a notice of address for service;
- a statement of agreed facts or an agreed statement of facts;
- a pleading or particulars of a pleading or similar document;
- an interlocutory application;
- a judgment or an order of the Court;
- a notice of appeal or cross-appeal;
- a notice of discontinuance;
- a notice of change of lawyer;
- a notice of ceasing to act;
- in a proceeding to which Division 34.7 applies (i.e. Native Title Proceedings):
- an affidavit accompanying an application, or an amended application, under section 61 of the Native Title Act 1993;
- an extract from the Register of Native Title Claims received by the Court from the Native Title Registrar;or
- reasons for judgment.
4. Pursuant to Rule 2.32(3), a media representative is not entitled to inspect a document that the Court has ordered be confidential or is forbidden from, or restricted from publication to, the person or a class of persons of which the person is a member (see s.50 of the Federal Court of Australia Act).
5. A media representative may however apply, under Rule 2.32(4) to the Court for leave to inspect any of the documents referred to in paragraph 4 above.
6. Generally, access to a restricted document including an exhibit, would be granted where the document (or the relevant parts of the document) has been admitted into evidence or read out in open court.
7. However, there may be cases where it would be appropriate to refuse access to a document on the basis that:
(a) only parts of the document have been admitted into evidence or read in open court; and
(b) it would be unduly burdensome for Court staff to provide a redacted version of the document, showing only those parts that are in evidence or have been read out.
8. In order to inspect and copy a document, a media representative must complete the attached application form. Copies of the form are available from the Court’s web site and each District Registry. The completed application form must be sent to the Registry. Contact details for each Registry including physical addresses, telephone, fax and email details can be found in the Contact the Court section of the website.
9. If approval is given to inspect a restricted document, the person wishing to conduct the inspection must:
(a) arrange with the relevant Registry to inspect and copy the document to which the approval applies; and
(b) pay to the Registry any fees prescribed by the Federal Court of Australia Regulations.
10. If the request is not approved, application may be made to the Court or a Registrar for leave or permission under Rule 2.32(4) of the Federal Court Rules 2011 (depending on the document the subject of the request).
11. A media representative may under Rule 2.32(5), with the permission of a Registrar, copy any document which that person is entitled to inspect provided any copy fee prescribed by the Federal Court of Australia Regulations 2004 has first been paid.
12. If there is no order that a transcript is confidential, a person may obtain a copy of the transcript in a proceeding from the Court’s transcript provider. For more information about access to transcript see the Media Access to Transcript section of this website.
13. A fee is payable for any request for a copy or copies of any document or documents and additional fees are payable for each page copied (see item 20 of Schedule 1 to Federal Court of Australia Regulations 2004), although these may be exempted in some circumstances. For information about any such exemption see the Exempted or Reduction of Fees section of this website.
14. Some documents in particular types of proceedings, for example examinations under the Corporations Act 2001 and Bankruptcy Act 1966, are not available for inspection by anyone without an order of the Court.
August 2011
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