The Media’s Standing to Challenge Departures from Open Justice
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 departure...
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| Format: | Journal Article |
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Adelaide Law Review Association
2016
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| Online Access: | https://www.adelaide.edu.au/press/journals/law-review/ http://hdl.handle.net/20.500.11937/44597 |
| _version_ | 1848757046468411392 |
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| author | Douglas, Michael |
| author_facet | Douglas, Michael |
| author_sort | Douglas, Michael |
| building | Curtin Institutional Repository |
| collection | Online Access |
| description | 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. |
| first_indexed | 2025-11-14T09:21:52Z |
| format | Journal Article |
| id | curtin-20.500.11937-44597 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-14T09:21:52Z |
| publishDate | 2016 |
| publisher | Adelaide Law Review Association |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | curtin-20.500.11937-445972017-01-30T15:15:04Z The Media’s Standing to Challenge Departures from Open Justice Douglas, Michael 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. 2016 Journal Article http://hdl.handle.net/20.500.11937/44597 https://www.adelaide.edu.au/press/journals/law-review/ Adelaide Law Review Association restricted |
| spellingShingle | Douglas, Michael The Media’s Standing to Challenge Departures from Open Justice |
| title | The Media’s Standing to Challenge Departures from Open Justice |
| title_full | The Media’s Standing to Challenge Departures from Open Justice |
| title_fullStr | The Media’s Standing to Challenge Departures from Open Justice |
| title_full_unstemmed | The Media’s Standing to Challenge Departures from Open Justice |
| title_short | The Media’s Standing to Challenge Departures from Open Justice |
| title_sort | media’s standing to challenge departures from open justice |
| url | https://www.adelaide.edu.au/press/journals/law-review/ http://hdl.handle.net/20.500.11937/44597 |