From January 2026, the High Court will allow public download of key ‘core documents’, reversing the Cape v Dring application-based model and making openness the default. This coincides with broader objectives to streamline access to hearing information, expand livestreaming, and bring consistency to how private hearings balance confidentiality with openness.
Glover emphasises that although open justice is a longstanding principle, in practice the system’s friction has protected litigants from over-exposure. Under the new regime, parties must assume that witness statements, expert reports and skeleton arguments may enter the public domain unless actively protected.
With technological upgrades, remote access and greater media visibility on the horizon, she cautions lawyers to prepare for a more public litigation landscape—and to justify any derogations with precision.
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