Hammond & Ors v Scheinberg & Ors [2001] NSWSC 568

Hammond & Ors v Scheinberg & Ors [2001] NSWSC 568

During an ongoing trial, the trial judge has power to grant the press access to affidavit material that has been read in court, independent of Practice Note 97 or notification requirements therein, because of the inherent jurisdiction of the court and s 23 Supreme Court Act 1970. There was no requirement or basis to notify parties before granting access under these circumstances.

Parties
Plaintiff: Paul Aaron Hammond; Plaintiff: Ronite Anne Hammond; Plaintiff: Marc Adrian Hammond; Plaintiff: Julian Hammond; Defendant: Barney Richard Scheinberg; Defendant: Michael Dunkel; Defendant: Agnes Ginges; Defendant: Berel Ginges
Jurisdiction
Australia
Judgment Date
06 July 2001
Procedural Posture
Civil (family Provision) / Interlocutory Application During Ongoing Trial
Outcome
Application refused
Legal Topics
Open Justice, Access to Court Documents, Media Access, Affidavits in Evidence, Court Powers
Evidence Procedure Open Justice Access to Court Documents Media Access Affidavits in Evidence Court Powers

Case Brief

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Parties

Paul Aaron Hammond

Plaintiff

Ronite Anne Hammond

Plaintiff

Marc Adrian Hammond

Plaintiff

Julian Hammond

Plaintiff

Barney Richard Scheinberg

Defendant

Michael Dunkel

Defendant

Agnes Ginges

Defendant

Berel Ginges

Defendant

Procedural Posture

Civil (family Provision) / Interlocutory Application During Ongoing Trial

Legal Issues

  1. 1 Whether the trial judge was required to notify parties before allowing the press access to affidavit evidence read in court
  2. 2 Whether access to affidavits by the media should proceed under Supreme Court Rules Part 65 r 7 and Practice Note 97 during a trial
  3. 3 Scope of the inherent power of the trial judge to control access to evidence

Ratio Decidendi

During an ongoing trial, the trial judge has power to grant the press access to affidavit material that has been read in court, independent of Practice Note 97 or notification requirements therein, because of the inherent jurisdiction of the court and s 23 Supreme Court Act 1970. There was no requirement or basis to notify parties before granting access under these circumstances.

Court Disposition

Application refused

Orders

  • Application that parties be given notice of further applications by representatives of the press for access to affidavits which have been read in Court refused.
  • Access to affidavit material read in court may be had by the media pursuant to leave already granted.