The Federal Court’s top judge has attacked what she sees as “absolutist” public criticism of a spate of suppression orders in high-profile cases, saying open justice is just too, well, open.
Despite arguing for suppression as a means only to successful mediation, Westpac now wants a settled employment case brought by an executive kept under lock and key. And in a worrying sign the Federal Court may have lost sight of the importance of open justice, a judge has indicated she would entertain an order that the suit never see the light of day.
In the appeal that uncovered the Banksia class action scam I was a lawyer for – and the son of – the group member who dared to object to the $64 million settlement. What followed came to be known as the darkest chapter in Victoria’s legal history, but have we really learned our lesson?
The Federal Court has dialled back a controversial rule change restricting public access to new cases, but the latest procedure is a laughable attempt to retreat from the attack on open justice and should make even litigants nervous.
The Murray Goulburn class action has been cited repeatedly in the current parliamentary inquiry into class actions and litigation funding. For some, the return generated by Omni Bridgeway, which funded the action, is Exhibit A in the case that litigation funders make too much money. To others – including the one person in the best position to judge – it is nothing of the sort, says Clive Bowman of Omni Bridgeway.