New procedure for making non-party applications for Federal Court documents

16 February 2023

The Federal Court has introduced a new process for non-parties to access unrestricted court documents.

All applications should now be sent to the National Document Inspection mailbox at Document.Inspections@fedcourt.gov.au 

The non-party access application form (RTF, 10mb)  has also been amended.

The changes reflect recent amendments to subrule  2.32(2) of the Federal Court Rules 2011 which mean a non-party would need to apply for the leave of the Court to access  unrestricted documents before a first court event.  Most of the access requests the Court  receives are for unrestricted documents which include originating applications,  statements of claim and concise statements.

The new form provides for applications for leave to be  made pursuant to subrule 2.32(4). Once such an application is received the  Court will promptly consult with parties (applicants and respondents) to  determine whether the respondent or respondents have been served and determine  whether an application for a suppression or non-publication order will be made.  The Court expects any such application to be  made promptly.

» A full explanation of the changes can be found in  practice note Access To Documents and Transcripts Practice Note  (GPN-ACCS).  (See paragraphs 4.11 to  4.25).