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
Category: Suppression
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
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