HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v TIME INC MAGAZINE COMPANY PTY LTD [NO 2] [1994] NSWCA 135

HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v TIME INC MAGAZINE COMPANY PTY LTD [NO 2] [1994] NSWCA 135

The Court (Kirby P and Handley JA, Sheller JA dissenting) held that although the normal practice is to adjourn contempt proceedings relating to media publications until after the accused's criminal trial to safeguard fair trial rights, this practice is not inflexible. Due to the nature and gravity of the contempt charges against Time Inc and the existence of interlocutory injunctions, it is desirable and appropriate for the contempt summons to be heard as quickly as possible, provided that doing so does not jeopardise the accused’s fair trial. If a real risk to the fair trial emerges during proceedings, the Court may then adjourn the hearing.

Parties
Claimant: Her Majesty's Attorney-General in and for the State of New South Wales; Opponent: Time Inc Magazine Company Pty Ltd
Jurisdiction
Australia
Judgment Date
30 June 1994
Procedural Posture
Summons for Contempt / Case Management Hearing Concerning Scheduling and Practice; Orders Made for Expedited Hearing
Outcome
Court orders hearing of contempt summons against Time Inc be set down with expedition (within ~3 months), with directions for written submissions and filing of evidence. Costs of motion be costs in the summons. Sheller JA dissents, arguing for adjournment until after the criminal trial.
Legal Topics
Media Publications and Criminal Trials, Adjournment of Contempt Proceedings, Identification Issues in Criminal Trials
Contempt of Court Criminal Law Practice and Procedure Media Publications and Criminal Trials Adjournment of Contempt Proceedings Identification Issues in Criminal Trials

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Parties

Her Majesty's Attorney-General in and for the State of New South Wales

Claimant

Time Inc Magazine Company Pty Ltd

Opponent

Procedural Posture

Summons for Contempt / Case Management Hearing Concerning Scheduling and Practice; Orders Made for Expedited Hearing

Legal Issues

  1. 1 Whether publication of the accused's photograph constitutes contempt of court by having a tendency to interfere with the administration of justice in a pending criminal trial
  2. 2 Whether contempt proceedings should be adjourned until after the pending criminal trial, or heard with expedition
  3. 3 What evidentiary threshold must be met for contempt—real risk of interference vs. actual issue of identification

Ratio Decidendi

The Court (Kirby P and Handley JA, Sheller JA dissenting) held that although the normal practice is to adjourn contempt proceedings relating to media publications until after the accused's criminal trial to safeguard fair trial rights, this practice is not inflexible. Due to the nature and gravity of the contempt charges against Time Inc and the existence of interlocutory injunctions, it is desirable and appropriate for the contempt summons to be heard as quickly as possible, provided that doing so does not jeopardise the accused’s fair trial. If a real risk to the fair trial emerges during proceedings, the Court may then adjourn the hearing.

Court Disposition

Court orders hearing of contempt summons against Time Inc be set down with expedition (within ~3 months), with directions for written submissions and filing of evidence. Costs of motion be costs in the summons. Sheller JA dissents, arguing for adjournment until after the criminal trial.

Orders

  • Set down the hearing of the summons herein with expedition (category B) to be heard within approximately three months.
  • Order written submissions on the part of the Attorney-General.