Access to Court Documents
Generally
The Access to Documents and Transcripts Practice Note (GPN-ACCS) provides guidance on how to access Court documents in a case including what the Court will take into consideration when assessing access requests.
In civil proceedings
Access to court documents is governed by Division 2.4 of the Federal Court Rules 2011 (Cth) (Rules). How you apply to access court documents will vary depending on whether you are:
The Court may approve or refuse a request (either in whole or in part) and may approve a Request subject to any conditions that the Court may consider appropriate (see generally r 2.31 of the Rules).
Requests for access - see, How to make an access request to inspect Court documents in civil proceedings.
Some documents in particular types of proceedings, for example examinations under the Corporations Act 2001 (Cth) and Bankruptcy Act 1966 (Cth), are not available for inspection by anyone without an order of the Court.
In criminal proceedings
Access to Court documents in criminal proceedings is governed by Rules 1.19 and 1.20 of the Federal Court (Criminal Proceedings) Rules 2016 (Cth) (Criminal Proceedings Rules). How you apply to access Court documents will vary depending on whether you are:
The Court may approve or refuse a request (either in whole or in part) and may approve a request subject to any conditions that the Court may consider appropriate (see generally r 1.20 of the Criminal Proceedings Rules).
Requests for access - see How to make an access request to inspect Court documents in criminal proceedings.
Transcript
If there is no order that a transcript is confidential, a person may obtain a copy of the transcript in a proceeding from the Court's transcript provider.
More information is available under Access to Transcript and also in the Access to Documents and Transcripts Practice Note (GPN-ACCS).
