Emanate Legal Services Pty Ltd v Hood & Anor

[2021] QCA 94

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and Orders
3. › Amending, Varying and Setting Aside Judgments and Orders
4. › Revision of reasons for judgment
5. › Power to revise reasons to remove material included in error
6. › Whether warning should issue to protect revised reasons from publication
1. Practice and Procedure
2. › Open Justice
3. › Departure from principle of open justice
4. › Court warnings to non-parties
5. › Whether court may issue warning that publication of material may constitute contempt
6. › Whether warning must be contemporaneous with restrictive order
7. › Supreme Court of Queensland Act 1991 (Qld), s 8
1. Contempt of Court
2. › Interference with administration of justice
3. › Publication by non-parties
4. › Conduct outside courtroom frustrating effect of court orders
5. › Whether deliberate act required
6. › Whether knowledge of court order required
1. Appeal
2. › Appellate review of discretionary decisions
3. › House v The King principles
4. › Whether primary judge acted on wrong principle or took into account irrelevant consideration
5. › Whether appellate court should exercise discretion afresh

Quick Take

A court has power to issue a warning about conduct that may undermine the administration of justice at any time after a restrictive order is made, not only contemporaneously with the order. However, such warnings will only be issued where there is a real risk that conduct may be engaged in which may undermine the administration of justice, and the passage of time and absence of evidence of likely further publication may render such a warning unnecessary. An affidavit that has not been read in open court and is not in evidence is irrelevant to the question of whether court orders restricting access to revised reasons are being undermined.