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
Category: Suppression
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
An open and shut case
Plenty of room for closed justice in the NSWLRC's Open Justice report ... A myriad of recommendations ... No publication and suppression orders ... Closed courts ... Additional restrictions for journalists ... Exceptions ... Reporting cases involving children ... Reporting sexual assault ... Richard Ackland reports ... more
The courts: open and shut
Latest data ... Suppression and no publication orders from 2017 to 2021 ... Prejudice to administration of justice versus open justice ... Five-year trend is up and up ... Victoria's amended Open Courts Act led to more suppression orders ... Data prepared by Gina McWilliams, senior News Corp lawyer ... more
Munshizada v R
NSW Court of Criminal Appeal ... Non-publication orders lifted over murder trials ... Argument reporting would prejudice upcoming District Court trial ... Non-publication orders had been in place for nearly five years ... Alternative relief, including contempt, available for lurid reporting ... Courts Editor Stephen Murray reports ... more
Porter v Australian Broadcasting Corporation
Federal Court ... Justice Jagot makes orders for removal of unredacted ABC defence and Christian Porter's reply from Court file ... Necessary to prevent prejudice to proper administration of justice ... Giving effect to compromise and contractual bargain ... No special treatment ... Courts Editor Stephen Murray reports ... more
Christian Porter v Australian Broadcasting Corporation & Anor
Federal Court ... Bret Walker SC: Media intervenors not "self appointed bailiffs" on agreement between Porter and ABC ... Agreement to discontinue proceedings includes order seeking removal of unredacted defence and reply from court file ... Walker: Removal not "expungement", simply beyond reach of public right of access ... Compromise should be encouraged ... Dauid Sibtain: Removal derogation of overarching purpose of open justice ... "Special treatment" ... Not established that defence was scandalous, vexatious, oppressive or abuse of process ... Issues not ventilated ... Decision reserved ... Court Editor Stephen Murray reports ... more
CD v FG
Supreme Court of NSW ... Defendant wants to publish allegations about a sexual affair ... Free speech ... #MeToo ... Wide gag order as part of AVO ... Some allegations found to be untrue ... Damages inadequate to protect reputation ... Injunction ... Further submissions on what may be published ... Anna Kretowicz reports ... more