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.
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.
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.
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))
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.
Where the Australian Securities and Investments Commission has brought proceedings before the Supreme Court, the originating process may be obtained from the ASIC News Centre. An example can be found here.
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.
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.
In R v Lalee (No.2) [2024] NSWSC 1336 Justice Dhanji considered a media application for access to documents in a bail determination.
In Edwards v R (No 1) [2022] NSWSC 1343 Justice Beech-Jones refused an application for a non-publication order in respect of certain material produced during a bail application.
In Stinson v Nationwide News Pty Ltd [2022] NSWCCA 235 the Court of Criminal Appeal considered access, open justice and NPOs.
Microsoft has retired the use of one-time passcodes sent via email for accessing shared SharePoint and OneDrive content. External users must now sign in with a Microsoft account and verify their identity using the Microsoft Authenticator app. This enhanced authentication process helps ensure that only the intended recipient can access the shared content, significantly reducing the risk of unauthorised access if an email account or password is compromised. Learn more.
When searching for documents in closed cases
The Media Centre facilitates fair and accurate reporting of proceedings in the Supreme Court. While we acknowledge the increasing number of podcasts and documentaries about past trials and cold cases, the Media Centre's primary commitment is to supporting the public interest in open justice. Enquiries about access to documents in closed or historic cases, along with completed application forms, should be emailed to the Client Services team.
The publication inadvertent or otherwise of suppressed information can have serious consequences for the administration of justice. For example, criminal trials can be prejudiced and even aborted, protected witnesses can be placed in danger, and commercially sensitive or confidential information can be revealed.
Note: Local Court includes the Coroners Court, Dust Diseases Tribunal, Drug Court, Children's Court and NCAT
Email: IRCMedia@courts.nsw.gov.au
Email: media@courts.nsw.gov.au
District Court Media Manager
Last updated: