by a judge exposed a concerning disconnect between the upper echelons of the legal profession and the media that keeps the public informed about the work of the courts in a democracy.
Federal Court Chief Justice James Allsop needs to go further in facilitating media access to court documents.The new rule, which was announced in mid-January with no prior consultation, was wrongly characterised as merely an administrative or internal change. This led 58 journalists from Nine, News Corp, the ABC andwrite to Chief Justice James Allsop
warning that the practical effect would severely restrict timely reporting of matters before the court. The changes came as a surprise because the Federal Court had led the way in Australia to improve non-parties’ access to court documents. For example, making files available online for high profile cases has facilitated better reporting.– but only if all parties to the case agree. Those with privileged access to the courts will have the opportunity to either “promptly” agree, or to apply for suppression or non–publication orders to veil the courts in secrecy.
This cuts across the principle of the public’s right to know and leaves the administration of the principles of open justice in private hands. The partial windback is welcome. But revision of the revised rules that create a different kind of legal hurdle to open justice does not go far enough.
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Source: FinancialReview - 🏆 2. / 90 Read more »