John Fairfax Publications Pty Ltd & 2 Ors v Ryde Local Court & 3 Ors [2005] NSWCA 101

Reported Decision : 152 A Crim R 527 62 NSWLR 512

New South Wales Court of Appeal

John Fairfax Publications Pty Ltd & 2 Ors v Ryde Local Court & 3 Ors [2005] NSWCA 101 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 2 March 2005

JUDGMENT DATE: 11 April 2005

JUDGMENT OF: Spigelman CJ at 1; Mason P at 100; Beazley JA at 101

DECISION: 1. Application dismissed.; 2. Claimant to pay the Opponents' costs.

CATCHWORDS: COURT DOCUMENTS - Access for non-parties - Whether a common law right - Whether documents before the court - Principle of open justice - Whether onus upon applicant - Relevance of the fact that document may contain untested and hearsay allegations - Relevance of private rights - COURTS AND TRIBUNALS - Local Court - Whether Local Court has power to grant access to court documents in matters arising under Part 15A of the Crimes Act 1900 - Whether power to grant access to court documents to non-parties in such matters is necessary - APPREHENDED VIOLENCE - Part 15A Crimes Act 1900 - Consent Orders under s562BA - Whether content of complaint irrelevant to judicial function - Whether court has discretion to refuse to make consent order - APPREHENDED VIOLENCE - Part 15A Crimes Act 1900 - Orders pursuant to s562NA to close court - Whether court should consider less extreme measures - COMMONWEALTH CONSTITUTION - Implied freedom of political communication - Whether freedom requires access to court documents - COMMONWEALTH CONSTITUTION - Institutional integrity of courts exercising Federal jurisdiction - Whether refusal of access to court documents incompatible

Crimes Act 1900: Part 15A; s562AC, s562BA, s562NA Criminal Procedure Act 1986: s314 Director of Public Prosecutions Act 1986: s20A District Court Act 1973 LEGISLATION CITED: Interpretation Act 1987: s11 Judiciary Act 1903 (Cth) Local Courts (Criminal and Applications Procedure) Rule 2003: Pt 9 cl 62(2)(a) Local Courts Act 1982: Part 6; s4, s36(1)(c) Supreme Court Practice Note 97