The Media's Standing to Challenge Departures from Open Justice

Adelaide Law Review, Vol. 37, No. 1, pp. 69-99, 2016

Sydney Law School Research Paper No. 16/58

28 Pages Posted: 14 Jul 2016 Last revised: 19 Oct 2016

See all articles by Michael Douglas

Michael Douglas

The University of Western Australia Law School

Date Written: July 13, 2016

Abstract

Open justice is essential to the integrity of our justice system. When a court departs from open justice, it is appropriate that media organisations are able to question whether the circumstances warrant the departure. This article addresses the standing of media organisations to challenge departures from open justice. In some jurisdictions, the issue is resolved by statute. However, the position is not uniform around Australia. The article explains the position under the differing statutes and at common law. It focuses on the common law position, where the standing of media organisations is controversial. It argues that at common law, media organisations may intervene as of right, as a matter of natural justice, in any proceedings contemplating a departure from open justice.

Keywords: open justice, standing, media, jurisdiction, newspaper, suppression, open court

JEL Classification: K10, K30

Suggested Citation

Douglas, Michael, The Media's Standing to Challenge Departures from Open Justice (July 13, 2016). Adelaide Law Review, Vol. 37, No. 1, pp. 69-99, 2016; Sydney Law School Research Paper No. 16/58. Available at SSRN: https://ssrn.com/abstract=2808931

Michael Douglas (Contact Author)

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

HOME PAGE: http://www.web.uwa.edu.au/person/michael.c.douglas

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