CIVIL PROCEDURE — application for the transmission and distribution to the parties of any audio recording of court proceedings including when the Court was adjourned — where the plaintiff now seeks to set aside consent orders — where the plaintiff alleges that counsel had no instructions or authority to sign the short minutes of order — whether the Court must approve the transmission and distribution under the Court Security Act 2005 (NSW)
Quick Take
1An audio recording of sounds in a courtroom made during an adjournment, when the court is not in session and no judicial officer is on the bench, is not a recording of 'court proceedings' within the meaning of s 9B of the Court Security Act 2005 (NSW), and accordingly no judicial approval is required for its transmission or distribution.
2The term 'court' in the Court Security Act 2005 (NSW) refers to the metaphysical concept of the court as an institution that conducts proceedings, not to the physical structure housing it; the statutory distinction between 'court premises' (ss 9(1), 9(2)(b)) and 'court proceedings' (ss 9(2)(c), 9B(1), 9B(2)(b)) reinforces this interpretation.
3Where a party seeks access to a courtroom audio recording for use in foreshadowed proceedings to set aside consent orders, the appropriate mechanism is a subpoena for production, with questions of access, relevance and privilege to be determined by the judge assigned to hear the substantive application.
