When Privacy Silences a Billion-Dollar Dispute
When family wealth meets confidentiality and control, the High Court must decide who gets to tell the story. In Rinehart v Hancock Prospecting (2019), the Court upheld arbitration clauses that forced family trust disputes into private hearings. The case redefined how far confidentiality can reach in Australia’s commercial and family trust law — showing that, sometimes, even family truth stays behind closed doors.
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.