The Paradox of Public Disclosure: Hogan v Australian Crime Commision

Abstract

Actor Paul Hogan is before the High Court attempting to keep his personal financial and taxation information out of the newspapers. The documents being fought over were put into evidence by Paul Hogan’s lawyers to support an application for further and better discovery in proceedings claiming legal professional privilege over documents seized by the Australian Crime Commission. The principle of open justice requires full public disclosure of court proceedings unless publication of the information would prejudice the administration of justice. It is argued in this article that the protection of information flows to the courts is fundamental to the administration of justice and that the search for truth may sometimes justify restrictions on publication. Having said that, it is by no means clear that the public interest in full disclosure should necessarily save Paul Hogan’s personal information from public disclosure in this case.