The Principal Registrar held that adjudication determinations filed in the Supreme Court under s 43(3) of the Construction Contracts (Former Provisions) Act 2004 (WA) are 'taken to be' orders of the Court and therefore any person is entitled to access them under RSC O 67B r 6(4). Even if the determinations were not orders, the Registrar found no good reason to refuse access and good reasons to grant it, including the open justice principle and the public interest in accurate reporting on a major public construction project. The CCA's confidentiality protections for Building Commissioner publications do not extend to determinations once filed in the Court, and a respondent's unparticularised claims of commercial sensitivity and prejudice were insufficient to deny access.
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