Herald & Weekly Times Ltd & Ors v Magistrates' Court of Victoria & Ors

[2000] VSCA 242

Victorian Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Magistrates' Court
3. › Practice Directions
4. › Power of Chief Magistrate to issue
5. › Whether Practice Direction directed to registrars binding on magistrates
6. › Whether beyond power
7. › Magistrates' Court Act 1989 (Vic), s 16A
1. Courts and Judges
2. › Open court principle
3. › Committal proceedings
4. › Hand-up brief procedure
5. › Whether open court requirement confers right of access to documents tendered
6. › Whether refusal of access to hand-up brief materials renders court 'closed'
7. › Magistrates' Court Act 1989 (Vic), s 125(1)
1. Courts and Judges
2. › Magistrates' Court
3. › Implied powers
4. › Power to grant access to documents to non-parties
5. › Whether magistrate has power to permit media access to hand-up brief and witness statements
6. › Magistrates' Court Act 1989 (Vic), ss 18, 20, 126, 136, Sch 5
1. Courts and Judges
2. › Magistrates' Court
3. › Register
4. › Scope of register under s 18
5. › Whether hand-up brief and witness statements form part of register
6. › Right of public inspection limited to final orders
7. › Magistrates' Court Act 1989 (Vic), ss 18(1), 18(3), 20(2)

Quick Take

Section 125(1) of the Magistrates' Court Act 1989 (Vic), requiring proceedings in open court, does not confer a right on the media or public to access documents tendered in committal proceedings; however, magistrates retain implied power as part of their supervisory control over committal proceedings to grant such access, subject to s.126. Practice Direction 41/98, being directed to registrars rather than magistrates, does not affect this power. The hand-up brief and witness statements do not form part of the register under s.18 of the Act.