On 6 November 2024, the Anglo-Australasian Lawyers Society (Western Australia) will present a ‘Black Label’ series seminar featuring Dr. Michael Douglas.
Topic: The Limits of Open Justice in Commercial Litigation: A Reply to Justice Lee
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 seeking 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 seminar will consider the limits of open justice in commercial litigation in the Federal Court.
Event Details
Date: Wednesday 6 November 2024
Time: 5.30pm for 6.00pm start
Location: Bennett – Litigation and Commercial Law
Address: Level 14, 141 St Georges Terrace, Perth WA 6000
To register, click here.
Dr. Michael Douglas is a Consultant at Bennett, specialising in commercial litigation and media law. Previously a legal academic at the University of Sydney and UWA, he has co-authored 5 books, including Nygh’s Conflict of Laws in Australia and Media Law (Oxford University Press, 2022).
His PhD focused on defamation law, and his work has been cited by superior courts, including the High Court of Australia.
Michael’s commentary has appeared in major outlets like the ABC, The Sydney Morning Herald, and The New York Times.
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