The open justice principle is not excluded merely because proceedings were conducted in closed court on an ex parte basis; it continues to inform the exercise of discretion to grant non-party access to court documents under r 2903 of the Court Procedures Rules 2006 (ACT). The purposes of the principle may be even more important where there has been a substantial exercise of judicial power other than in open court. Section 243(5) of the COCA Act does not of itself impose any publication restriction or render proceedings confidential; the existence of the express power in s 35 to restrict publication makes clear that no such restriction can be implied from s 243 alone.
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