Federal Court of Australia ... High profile law firm Giles George loses bid to prevent media access to exhibit containing costs agreement with client ... Suppression application denied ... Nothing "unique or surprising" or commercially sensitive in exhibit ... Media application to obtain access granted ... Courts Editor Stephen Murray reports ... more
Category: Suppression
EFG (a pseudonym) v Trnka & Anor (Ruling)
County Court of Victoria ... Elite sports instructor and aspiring teacher obtains pseudonym orders in defamation action ... Publication confined to small sporting community ... Fears risk of publicity from media reporting ... Court rules necessary for administration of justice ... Open justice not an absolute ... Courts Editor Stephen Murray reports ... more
The current state of suppression and NPOs
The current state of suppression and non-publication orders in Australia... The top five developments ... Standout contribution from the Wynnum Magistrates Court ... Overall trend sees a decrease in orders for 2024 ... Media in Victoria receiving advance notice of applications ... Solid open justice arguments found in the South Australian "sex-pest barrister" judgment ... Gina McWilliams reports ... more
Saw v Seven Network (Operations) Ltd
Federal Court of Australia ... Seven Network granted suppression and non-publication orders over pleadings in Fair Work case ... Seven submitted public disclosure would jeopardise mediation ... Orders made to prevent prejudice to proper administration of justice ... Open justice understood in common law context ... Courts Editor Stephen Murray reports ... more
State of New South Wales v Kay
Supreme Court of New South Wales ... Man convicted of rapes in the 1990s and subsequent assault and sexual offences loses bid to have name and identity subject of non-publication orders ... Fails on administration of justice, personal safety and public interest grounds ... Courts Editor Stephen Murray reports ... more
Commonwealth of Australia v De Pyle
Federal Court ... ABC loses fight over suppression orders sought by Commonwealth ... Complaint to Human Rights Commission not available to public without leave ... Suppression warranted on national security grounds ... Courts Editor Stephen Murray reports ... more
Review of National Security Information (Criminal and Civil Proceedings) Act
Outgoing Independent National Security Legislation Monitor calls for reform of national security information legislative regime ... Disquiet at secret trials and "overweening secrecy" ... Calls for greater discretion for courts to have open hearings ... Attorney-General would be required to justify secrecy ... Courts Editor Stephen Murray reports ... more
Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd [No. 22]
Open justice ... WA Supreme Court turns down Rinehart applications for suppression and non-publications orders ... Seeking to protect integrity of arbitral process and contractual promises ... Dispute over Pilbara mining tenements ... Reputational harm and embarrassment ... Information already in the public domain ... Alan Zheng reports ... more
DPP v Tuteru (Application for suppression order)
Victorian Supreme Court ... Suppression order for 60 Minutes story refused ... Link between Pentecostal church and fatal freeway truck crash which killed four police officers ... Potential jury would be properly instructed to disregard story ... Nine refused costs ... Courts Editor Stephen Murray reports ... more
R v Johns (a pseudonym) (No 2)
ACT Supreme Court ... Heavily redacted sentencing remarks for former intelligence officer made public ... Follows court proceedings and sentencing having occurred in total secrecy ... Chief Justice McCallum: "Secrecy is anathema to the rule of law" ... Reasons for redactions subject to sceptical analysis ... Courts Editor Stephen Murray reports ... more
Director of Public Prosecutions v Lehrmann (No 6)
ACT Supreme Court ... Chief Justice Lucy McCallum maintains non-publication order on application from Bruce Lehrmann ... Application followed trial being aborted but before decision not to pursue retrial ... Chief Justice not wanting to contribute to "media frenzy" ... Courts Editor Stephen Murray reports ... more
Zhang v The Age Company Pty Ltd
ACT Court of Appeal ... Open justice victory for The Age ... Gains access to affidavits used in confiscation of criminal assets proceedings ... Proceedings heard in closed court, ex parte, and orders made without admissions ... Principle of open justice considered ... Courts Editor Stephen Murray reports ... more