When Confidentiality Silences the Truth: The Risk No Australian Expects
When Serco tried to stop its former detention officer from speaking to lawyers for a detained child, the Victorian Supreme Court ruled that justice comes before silence. In AS v Minister for Immigration (2016), Justice Forrest held that confidentiality clauses cannot be used to obstruct fair trial preparation. The decision remains a landmark for balancing corporate secrecy with public accountability.
When Silence Becomes a Legal Right
A court cannot force someone to speak simply because disclosure would make a case easier to run. In Crown Resorts Ltd v Zantran Pty Ltd [2020] FCAFC 1, the Full Court confirmed that confidentiality remains a legal right unless shown unlawful, and that efficiency in litigation cannot override substantive rights. This case explains why structural boundaries matter in the justice system and what Australians should understand about confidentiality, fairness and proper legal process.