In a number of decisions, the most recent of which was Oldham v Capgemini Australia Pty Ltd (No 2), Mortimer J of the Federal Court of Australia refused to exercise the discretion under r 2.32(4) of the Federal Court Rules 2011 (Cth) to grant a non-party access to an Australian Human Rights Commission complaint which had been lodged with the originating application as required by the Rules. The non-party had sought the access on the basis that the contents of the complaint were relevant to criminal appeal proceedings in New Zealand.
In refusing the access, Mortimer J said, amongst other things, that the release of the complaint would defeat the purpose and effect of the confidentiality of provisions in the Australian Human Rights Commission Act 1986 (Cth) and that the principles of open justice had not been engaged because the complaint had not been admitted into evidence. Read further about the decisions here.
