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Supreme Court of New South Wales
Open justice
The principle of open justice is fundamental to the integrity of, and public confidence in, our system of justice. The vital elements of that principle are public hearings (including timely publishing of outcomes on Caselaw); fair and accurate reporting of Court proceedings; and access to records on a Court file. Accordingly, the Supreme Court recognises the right of journalists to apply for access to records on Court files. Against this principle, the Court must balance considerations supporting the proper administration of justice, ranging from the safety of law enforcement officers to the protection of commercial confidentiality, privacy, and the risk of harm to children, victims of crime and other vulnerable people.
Access to court files
Information alert
Have you checked NSW Caselaw?
Before you apply for access to court documents, have you checked whether there is a published decision on NSW Caselaw? Most Supreme Court judgments are published online soon after they are handed down. Judgments contain detailed descriptions of the facts and relevant legal principles in each case and are a valuable resource for journalists.
Access to documents in appellate cases
The Court does not release any documents in Court of Appeal and Court of Criminal Appeal matters until the day of the appeal hearing. Documents tendered in bail hearings are generally not released to media as they contain untested allegations.
Access to documents in criminal matters
In criminal matters, the Court does not grant access to any documents or exhibits until the trial starts before a jury, or the accused has entered a plea of guilty and the matter proceeds to sentence hearing. This is in the interests of ensuring a fair trial.
Criminal Procedure Act 1986, section 314
The documents that a media representative is entitled to inspect under this section are copies of the indictment, court attendance notice or other document commencing the proceedings, witnesses’ statements tendered as evidence, brief of evidence, police fact sheet (in the case of a guilty plea), transcripts of evidence and any record of a conviction or an order.
(Criminal Procedure Act 1986 (NSW) s 314 (2))
Access to documents in civil matters
As a general rule, in ongoing civil matters the Court will generally grant access to originating processes, and to pleadings (e.g. Statement of Claim and Defence) before the matter goes to final hearing. Access will only be granted once all parties have filed pleadings with the court, and a matter has had its first return date. Journalists may also apply for documents which are read or tendered in open court during the course of the proceedings
Once a civil matter is concluded journalists may apply to view the whole court file, and a decision will be made by a Registrar.
Application forms
Journalists are required to complete and submit an Application to Access a Court File to the Court's Media Manager, who will organise for a Judge and/or Registrar to consider the request.
General Practice Note No.2
A person may not search in a registry for, or inspect any document or thing in any procedings, except with leave of the court.
Access will be granted to non-parties (including journalists) where existing guidelines, practice notes and laws support open access and where no competing principles intervene.
The purpose of General Practice Note 2 is to prescribe the procedures surrounding the provision of access to court files.
Cases about file access
In R v Lalee (No.2) [2024] NSWSC 1336 Justice Dhanji considered a media application for access to documents in a bail determination.
In Fenech v Nationwide News Pty Ltd [2022] NSWCCA 235 the Court of Criminal Appeal considered access, open justice and NPOs.
Information alert
Listings, outcomes & other general enquiries
For general information about outcomes and listings, contact the Court Service Centre: 1300 679 272 or nswcsc@justice.nsw.gov.au. For all other enquiries, contact the Supreme Court Media Unit: media@courts.nsw.gov.au
Find current cases, including class actions, judgments and transcripts
Applications to film in Court
Find out more
What to do, and what not to do when reporting criminal trials
Filings, disposals and other caseload data from Supreme Court annual reviews
How to request a transcript
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The Supreme Court's YouTube channel livestreams ceremonial sittings, admissions and some hearings
Useful links
- Broadcast of judgments - Supreme Court Act Part 9A
- Civil litigation search reports
- Criminal Procedure Act 1986, s 314
- Criminal Trial Courts Bench Book (Judicial Commission)
- Inquiry into the convictions of the Croatian Six
- Judge for yourself: A guide to sentencing in Australia (Judicial Commission of NSW)
- Name check barristers using Find a Barrister
- Prosecution Guidelines (Office of the DPP)
- Publishing and broadcasting the names of children in connection with criminal proceedings
- Recording devices in court premises
- Supreme Court policies
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.