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27 Adel. L. Rev. 279 (2006)
Not Seeing Justice Done: Suppression Orders in Australian Law and Practice

handle is hein.journals/adelrev27 and id is 285 raw text is: Andrew T Kenyon NOT SEEING JUSTICE DONE: SUPPRESSION ORDERS IN AUSTRALIAN LAW AND PRACTICE ABSTRACT There are varied Australian approaches to suppression orders under common law and statute. This article outlines notable aspects of the law and examines concerns that have been raised by commentators about practices in Australia. Suppression or non-publication orders have been described as being made too frequently, especially outside the superior courts; their varied legal basis has been said to limit clear and comprehensive analysis by judges and lawyers; orders have been said to lack appropriate argument and reasons to support them; and their scope, precision and duration have been criticised. Existing Australian law and practice is used to evaluate reforms that came into force in April 2007 in South Australia. The reforms appear to be aimed at reducing the number of suppression orders and moving the law closer to the position that applies in most Australian jurisdictions. They offer an important opportunity for the development of suppression order law and practice within South Australia and elsewhere. Analysing restrictions on publication also suggests there would be value in comparative and empirical research into suppression order practice for investigating what, if any, changes are warranted to the applicable law or court procedures. LLB (Hons) (Melb); LLM (Dist) (Lond); PhD (Melb); Director, CMCL-Centre for Media and Communications Law, University of Melbourne; Associate Professor, Faculty of Law, University of Melbourne; Editor, Media & Arts Law Review; <http://www.law.unimelb.edu.au/cmcl>. An earlier version of this paper formed the basis for a presentation at the Judicial Conference of Australia's Annual Colloquium in Canberra on 6-8 October 2006. Thanks to the organisers for the invitation to speak, in particular to the Hon Justice Ronald Sackville, the Hon Justice Bruce Debelle and Professor John Williams. Thanks to the commentators at that presentation, Emeritus Professor Michael Chesterman and Chris McLeod, as well as wider discussion from judicial officers at the Colloquium, and to the anonymous referees for this article.

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