When can a Non-party Access Court Documents?
A non-party may inspect "unrestricted" Court documents (see table below), subject to certain exceptions, including where the Court has ordered the Court documents are:
- confidential (r 2.32(3) of the Federal Court Rules 2011 (Cth) (Federal Court Rules))
- forbidden from, or restricted from publication to, the person or a class of persons of which the person is a member (r 2.32(3) of the Federal Court Rules)
- suppressed or prohibited or restricted from publication on the grounds permitted in Part VAA of the Federal Court of Australia Act 1976 (Cth) (see s 37AF).
Under r 2.32(4) of the Federal Court Rules, a non-party may apply to the Court for leave (permission) to inspect any "restricted" documents (see table below).
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. However, there may be cases where it would be appropriate to refuse access to a document on the basis that:
- only parts of the document have been admitted into evidence or read in open court and
- 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.
The Access to Documents and Transcripts Practice Note (GPN-ACCS) provides you with guidance on how to access Court documents in a case including what the Court will take into consideration when assessing access requests.
Restricted and Unrestricted documents
"Unrestricted" Court documents are those documents stated r 2.32(2) of the Rules.
"Restricted" Court documents include any document in a proceeding which falls outside the categories set out in r 2.32(2) of the Rules (unrestricted documents). The table below provides a non-exhaustive list of the categories of restricted documents that leave of the Court must be obtained in order for a non-party to inspect or obtain a copy.
|Unrestricted documents (r 2.32(2) of the Rules)||Restricted documents (non-exhaustive list)|
How to make an access request to inspect Court documents
To make a request, see How to make an access request to inspect Court documents.