Document ID: chunk:federal_register_of_legislation:C2010A00097:clause:1_23g
Version: federal_register_of_legislation:C2010A00097
Segment Type: clause
Provision Reference: sch 1 cl 23G
Character Range: 26387–27620

23G  Court may allow disclosure in certain circumstances
 (1) A court may make an order allowing a party to arbitral proceedings to disclose confidential information in relation to the arbitral proceedings in circumstances other than those mentioned in section 23D if:
 (a) the court is satisfied, in the circumstances of the particular case, that the public interest in preserving the confidentiality of arbitral proceedings is outweighed by other considerations that render it desirable in the public interest for the information to be disclosed; and
 (b) the disclosure is not more than is reasonable for that purpose.
 (2) An order under subsection (1) may only be made on the application of a person who is or was a party to the arbitral proceedings and after giving each person who is or was a party to the arbitral proceedings the opportunity to be heard.
 (3) A party to arbitral proceedings may only apply for an order under subsection (1) if:
 (a) the mandate of the arbitral tribunal has been terminated under Article 32 of the Model Law; or
 (b) a request by the party to the arbitral tribunal to make an order under subsection 23E(1) allowing the disclosure has been refused.
 (4) An order under this section is final.