BLAW10002 Lecture Notes - Lecture 7: Inherent Jurisdiction, Crimes Act 1914, W. G. Bagnall

• School: University of Melbourne
• Department: Business Law
• Course: BLAW10002
• Professor: All

Document Summary

Proceedings normally conducted in open court: scott v scott [1913] ac 417. Open justice is a hallmark of judicial, as opposed to administrative, procedure: dickason v dickason (1913) 17 clr 50. Open court a court to which the public has a right of admission and where it is plain to an interested member of the public that he or she has a right of access. Mcpherson v mcpherson [1936] ac 177 divorce proceedings voidable because not conducted in open court (held in court library behind a door with private" sign) No member of the court may seek anonymity. Judges must pronounce their decisions in open court and must provide publicly available reasons. Evidence must be heard in open court. What occurs in court can be reported to the public at large. Acts as a bastion against the exercise of arbitrary power by the judge. Provides the impetus for high judicial performance. Professional and public scrutiny of the judicial process.