John Menadue

Federal Court grants protective costs order to Professor Jenny Hocking in Palace Letters case (Media Release)

Emeritus Professor Jenny Hockinglast week secured an important decision on costsfrom the Federal Court of Australiain hercase against the National Archives of Australia seekingthe release of thePalace lettersabout the dismissal of the Whitlam government.

On Friday 22 June 2018, the Federal Courtgranted a protective costs orderin Professor HockingsappealagainstJustice Griffithsdecisionwhich effectively denies public access tothe letters until at least 2027.The protective costs order, to which the National Archives consented,caps Professor Hockings adverse costs exposure and removes a significant financial barrier to the progress of the appeal.

Professor Hocking says; The Federal Courts decision to make a protective costs order is extremely significant for the Palace letters case, and for public interest cases generally, removing a major financial barrier to the progression of the case through the appeal. It is vital that public interest cases can proceed through all legal stages without fear of prohibitive costs effectively denying them full access to the legal system. The Court order is an important step in this direction.

Read the full pressrelease here.

For more background details on the case, read here.

John Menadue

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