Gazette of Law and Journalism
 
CONTEMPT CASES 

ABC  
NSW Court of Appeal 
May, 1994 
Sub judice contempt - proceedings for contempt against ABC brought by Civil Aviation Authority - material broadcast on ABC's Radio National during coronial inquest into Monarch Airlines aircraft crash - ABC to challenge power of CAA to commence contempt proceedings. 
 
 

ABC  
NSW Court of Appeal 
June 20, 1994 
Sub judice contempt - proceedings for contempt against ABC brought by Civil Aviation Authority - material broadcast on ABC's Radio National during coronial inquest into Monarch Airlines aircraft crash - decision on contempt reserved. 
 
 

ABC  
Civil Aviation Authority v Australian Broadcasting Corporation 
NSW Court of Appeal 
June 29, 1995 
Sub judice contempt - ABC not in contempt of coronial inquest - contempt proceedings against ABC brought by Civil Aviation Authority - CAA has power to bring contempt proceedings - material broadcast on ABC's Radio National during coronial inquest into Monarch Airlines aircraft crash. 
 
 

ABC - Chris Nicholls 
April 19, 1993 
Refusal to disclose source for story on SA minister's conflict of interest - Chris Nicholls of the ABC jailed for four months for contempt of SA District Court. 
 
 

ABC - Chris Nicholls 
July, 1995 
Review of Chris Nicholls' book, "Whistling in the Dark" by Brian Toohey - book describes Nicholls' refusal to disclose source for story on SA minister's conflict of interest, and consequences of story. 
 
 

"Advertiser" - David Hellaby 
State Bank of SA v Hellaby 
Full Court of SA Supreme Court 
November 12, 1992 
Unsuccessful appeal by David Hellaby against order of SA Supreme Court, on application by State Bank, to disclose documents relevant to two stories on State Bank coverup - newspaper rule - rule 60.01 of Supreme Court Rules. 
 
 

"Advertiser" - David Hellaby 
May 14, 1993 
David Hellaby of "The Advertiser" fined $5,000 over contempt of SA Supreme Court - refusal to disclose source for two stories on State Bank coverup. 
 
 

"Age" 
Full Court of WA Supreme Court 
February, 1997 
Sub judice contempt - "The Age" convicted of contempt but no penalty imposed - article published in "The Age" after jury empanelled for Rothwells fraud trial of Laurie Connell but before trial commenced - article reported Connell's application for discharge of jury as result of publication of articles in "The West Australian" and "The Australian" - publication contravened suppression order under s635(2)(a) of the WA Criminal Code. 
 
 

"Age", "Australian", ABC, "Mercury" 
June, 1996 
Sub judice contempt - Tasmanian Director of Public Prosecutions proposed to charge "The Age", "The Australian", ABC TV News and "The Mercury" with contempt over coverage of Port Arthur massacre - publications took place after Martin Bryant charged with murder. 
 
 

ASIO officer, unnamed 
The Registrar v Unnamed Respondent 
Supreme Court of ACT 
March 16, 1994 
Contempt in the face of the court - unnamed ASIO officer guilty of contempt after taking photograph in Supreme Court foyer during trial over Iranian Embassy attack - ASIO officer fined $1,000. 
 
 

"Australian" 
February, 1997 
Sub judice contempt - Nationwide News charged with contempt - article published in "The Australian" on first day of fraud trial of Alan Bond - jury empanelled at time of publication - article referred to Bond's hidden art treasures.  
 
 

"Australian" 
The Queen v Nationwide News Pty Ltd; ex parte Commonwealth Director of Public Prosecutions 
Full Court of WA Supreme Court 
May 16, 1997 
Sub judice contempt - Nationwide News guilty - story in "The Australian" published on first day of fraud trial of Alan Bond - report on Bond's hidden art treasures. 
 
 

"Australian" - Brendan Cormick 
Full Court of WA Supreme Court 
February, 1997 
Sub judice contempt - Nationwide News fined $10,000 and journalist, Brendan Cormick, convicted but no penalty imposed - story published in "The Australian" after jury empanelled for Rothwells fraud trial of Laurie Connell but 9 days before trial scheduled to commence - article referred to previous criminal conviction for conspiracy to pervert the course of justice involving jockey Danny Hobby. 
 
 

"Australian" - Mark Westfield 
The Queen v Nationwide News Pty Ltd 
Supreme Court of Victoria 
February 18, 1998 
Sub judice contempt - Nationwide News Pty Ltd, publisher of "The Australian", fined $75,000 and journalist Mark Westfield fined $10,000 - printer, Graham Woodroffe, found guilty of contempt but no penalty imposed - story publishing during fraud trial of Brian Quinn - story commented on credibility of accused as a witness. 
 
 

R v Bell
NSW Court of Criminal Appeal
October 8, 1998
Prejudicial pre-trial publicity - refusal to order permanent stay of criminal trial of alleged paedophile Philip Bell on ground of prejudicial pre-trial publicity - warning to judges not to be too trigger-happy in discharging juries.


Channel 7 TVW and "Sunday Times" - Geoff Parry and Martin Saxon 
Full Court of WA Supreme Court 
December, 1996 
Geoff Parry of TVW Channel 7 and Martin Saxon of "The Sunday Times" charged with contempt for refusing to answer questions before Easton Royal Commission which would identify source - decision reserved. 
 
 

Channel 7 TVW and "Sunday Times" - Geoff Parry and Martin Saxon 
Full Court of WA Supreme Court 
June, 1997 
Geoff Parry of TVW Channel 7 fined $5,000 and Martin Saxon of "The Sunday Times" fined $1,000 over contempt of Easton Royal Commission - refusal to answer questions which would identify source. 
 
 

Channel 7 TVW - Geoff Parry and Mark Thompson 
The Queen v Thompson, Parry and TVW Enterprises Ltd 
Supreme Court of WA 
February 1, 1989 
Sub judice contempt - Channel 7 in Perth fined $7,500, journalist Mark Thompson fined $1,000 and news editor Geoffrey Parry fined $3,000 for contempt - news story broadcast referred to prior criminal convictions of accused, Neil Hardes, during trial - trial aborted.  
 
 

Channel 10
NSW Attorney General v Television & Telecasters (Sydney) Pty Ltd
Supreme Court of NSW
Justice James
September 10, 1998
Sub judice contempt - Channel Ten reported part of murder trial of David John Patrick Zammit in absence of jury (being an application during trial for discharge of jury) - jury discharged following broadcast - Channel Ten not guilty as broadcast would not have had real tendency to interfere with course of justice - first NSW sub judice contempt case heard by Supreme Court judge sitting alone and not by Court of Appeal.


 

Harkianakis v Skalkos 
NSW Court of Appeal 
October 15, 1997 
Sub judice contempt - private prosecution over story in contempt of defamation proceedings - Foreign Language Publications Pty Ltd fined $10,000 and managing director, Theodore Skalkos, fined $2,000 - story published in Greek language newspaper, "New Country", about defamation action brought by head of Greek Orthodox Archdiocese of Australia. 
 
 

Arthur Harris  
Perkins v Harris  
NSW Court of Appeal  
June 6, 1994 
Private prosecution for criminal contempt over comments linked to defamation action - racing odds assessor Arthur Harris not guilty of contempt for allegedly threatening private detective Tim Bristow if he gave evidence against Harris in a defamation action against Kevin Perkins, author of book, "The Gambling Man".  
 
 

"Herald-Sun" - Piers Ackerman  
R v Herald & Weekly Times Ltd 
Supreme Court of Victoria 
April 15, 1996 
Sub judice contempt - Herald & Weekly Times Ltd fined $15,000 and editor of "The Herald-Sun", Piers Ackerman, fined $1,000 - no penalty for printer or editor-in-chief - two reports on prisoner, Gregory Brazel, making death threats by telephone - publication took place one month before trial of two murder charges. 
 
 
 

Derryn Hinch and Channel Ten's conviction for identifying child sex assault victim upheld 
February 7, 1996 
Victorian Court of Appeal upheld convictions of Derryn Hinch and Channel Ten for identifying child sex assault victim - s4(1A) of Victorian Judicial Proceedings Reports Act 1958.
 

 

Derryn Hinch - Channel 10 
Director of Public Prosecutions v Hinch and Telecasters (Melbourne) Pty Ltd 
Supreme Court of Victoria 
August 5, 1994 
Publication of name of child sexual assault victim - Derryn Hinch and Channel Ten in Melbourne guilty of contempt - breach of Victorian Judicial Proceedings Reports Act 1958 - consent to publication granted by child. 
 
 

"Illawarra Mercury" identified child in sexual assault report to child's family, not community at large 
DPP v Illawarra Newspaper Holdings Pty Ltd 
NSW Local Court  
December 12, 1996 
Magistrate Paul Johnson dismissed charges against Illawarra Newspaper Holdings Pty Ltd under s11 of NSW Children's (Criminal Proceedings) Act 1987 - "The Illawarra Mercury" published blackened photo of man accused of sexual assault with sketch on wall identifying alleged child victim - magistrate ruled that publication which identifies child in criminal proceeding is only prohibited where that identity is conveyed to community at large, not just to that child's immediate family.
 

"International Herald Tribune" 
February 1995 
Scandalising the court - contributor to "International Herald Tribune", Dr Christopher Lingle fined $S10,000 ($9,804), editor fined $S5,000 ($4,902), publisher fined $S2,500 ($2,450) and distributor and printer fined $S1,500 each ($1,470) - Singapore Attorney General, Chan Sek Keong, commenced contempt proceedings - article referred to political bias of judiciary.  
 
 

Jeff Kennett, Victorian Premier 
June 1996 
Sub judice contempt - Victorian Attorney General not to prosecute Premier Jeff Kennett for contempt over speech at Liberal Party State Council - statement that inquiry into John Elliott by National Crime Authority was politically motivated, made during submissions to court on criminal charges against Elliott for theft, conspiracy to defraud and giving false evidence to NCA - jury not empanelled and trial not yet commenced at time of publication. 
 
 

"Northern Star" 
Registrar of Court of Appeal v Northern Star Ltd 
NSW Court of Appeal 
October 14, 1994 
Sub judice contempt - Northern Star Ltd fined $20,000 for contempt - article published on first day of criminal trial of Peter Blanch for armed robbery, kidnapping and stealing, which referred to previous criminal convictions - trial aborted. 
 
 

"Sun-Herald" - Chris Murphy 
NSW Court of Appeal 
October 21, 1994 
Sub judice contempt - John Fairfax Group Pty Ltd and Chris Murphy, columnist for "The Sun-Herald", guilty of contempt - story referred to prior conviction of Jimmy Murray during criminal trial - trial aborted - reports of contempt judgment in "The Daily Telegraph-Mirror", "The Sydney Morning Herald" and "The Australian" published during another criminal trial of Murray, which was aborted. 
 
 

"Sun-Herald" - Chris Murphy 
Registrar of the Court of Appeal v John Fairfax Group Pty Ltd 
NSW Court of Appeal 
February 23, 1995 
Sub judice contempt - penalty - John Fairfax Group Pty Ltd and "Sun-Herald" columnist Chris Murphy guilty of contempt but no fines - article published during criminal trial of Jimmy Murray which referred to previous criminal conviction - publication was unintentional. 
 
 

"Sydney Morning Herald" - Deborah Cornwall 
Supreme Court of NSW 
May 3, 1993 
Deborah Cornwall of "The Sydney Morning Herald" charged with contempt of NSW Independent Commission Against Corruption - decision reserved - refusal to identify source for story on police corruption - decision reserved. 
 
 

"Sydney Morning Herald" - Deborah Cornwall 
Independent Commission Against Corruption v Cornwall 
Supreme Court of NSW 
September 8, 1993 
Deborah Cornwall of "The Sydney Morning Herald" guilty of contempt against ICAC for refusing to identify source for story on police corruption - sentence of two months' imprisonment suspended on undertaking voluntary work at community legal centre.  
 
 

"Truth" - Edward Williams 
The Queen (Director of Public Prosecutions) v Truth Newspapers Pty Ltd 
Supreme Court of Victoria 
December 16, 1993 
Sub judice contempt - proprietor Truth Newspapers Pty Ltd fined $15,000, publisher of "The Truth" Owen Thomson fined $5,000, editor Geoffrey Hawthorne fined $5,000 and journalist Edward Williams fined $3,000 - report in "The Truth" on trial of policeman, Paul Higgins, for conspiracy to pervert course of justice, published during trial. 
 
 

2UE - John Laws 
NSW Court of Appeal 
June, 1996 
Sub judice contempt - Sydney radio station 2UE and John Laws charged with contempt and contempt trial adjourned - broadcast described man accused of murder as "absolute scum" and "pig" during trial - jury discharged. 
 
 

2UE - John Laws 
NSW Attorney General v Radio 2UE Sydney Pty Ltd and Laws 
NSW Court of Appeal 
October 16, 1997 
Sub judice contempt - Sydney radio station 2UE and John Laws guilty of contempt - broadcast described man accused of murder as "absolute scum" and "pig" during trial - jury discharged. 
 
 

2UE - John Laws 
NSW Attorney General v Radio 2UE Sydney Pty Ltd and Laws 
NSW Court of Appeal 
March 11, 1998 
Sub judice contempt - Sydney radio station 2UE fined $200,000 and John Laws fined $50,000 for contempt - record penalty for Australia - broadcast described Michael Connolly, accused of murder, as "absolute scum" and "pig" during trial - jury discharged. 
 
 

"West Australian" 
February, 1997 
West Australian Newspapers Ltd charged with contempt over publication of two reports in "The West Australian" allegedly likely to identify a child in proceedings before WA Children’s Court -  reports on boy detonating home made bomb at birthday party - s35(1) of Children's Court of WA Act 1988. 
 
 

"West Australian" 
Full Court of WA Supreme Court 
November, 1997 
Contempt charges against West Australian Newspapers Ltd over two reports allegedly likely to identify child in WA Children's Court proceedings dismissed - reports on boy detonating home made bomb at birthday party - s35(1) of Children's Court of WA Act 1988. 
 
 

"West Australian" - Paul Murray - Torrance Mendez 
The Queen v West Australian Newspapers Ltd; ex parte Director for Public Prosecutions for WA 
Full Court of WA Supreme Court 
July 10, 1996 
Sub judice contempt - "The West Australian" fined $25,000, editor Paul Murray fined $5,000 and reporter Torrance Mendez to pay costs - record penalty for WA - article published after jury empanelled for Rothwells fraud trial of Laurie Connell but 11 days before trial scheduled to commence - article referred to previous criminal conviction over "Kalgoorlie Sting". 
 
 

"West Australian" - Paul Murray - Torrance Mendez 
High Court of Australia 
February, 1997 
Sub judice contempt - application for special leave to appeal from contempt conviction by Full Court of WA Supreme Court dismissed - "The West Australian" fined $25,000, editor Paul Murray fined $5,000 and reporter Torrance Mendez to pay costs - record penalty for WA - article published after jury empanelled for Rothwells fraud trial of Laurie Connell but 11 days before trial scheduled to commence - article referred to previous criminal conviction over "Kalgoorlie Sting". 
 
 

"Who Weekly" - Thomas Moore 
NSW Attorney General v Time Inc Magazine Co Pty Ltd 
NSW Court of Appeal 
June 22, 1994 
Sub judice contempt - injunction granted to suppress publication of "Who Weekly" magazine with photograph of Ivan Milat, accused of backpacker murders, and story - photograph appeared on magazine cover after Milat charged but before committal hearing had begun. 
 
 

"Who Weekly" - Thomas Moore 
NSW Attorney General v Time Inc Magazine Co Pty Ltd  
NSW Court of Appeal 
September 15 , 1994 
Sub judice contempt - Time Inc Magazine Co Pty Ltd and "Who Weekly" editor Thomas Moore guilty of contempt - photograph published of Ivan Milat, accused of backpacker murders - photograph appeared on magazine cover after Milat charged but before committal hearing had begun. 
 
 

"Who Weekly" - Thomas Moore 
NSW Attorney General v Time Inc Magazine Co Pty Ltd 
NSW Court of Appeal 
October 21, 1994 
Sub judice contempt - Time Inc Magazine Co Pty Ltd and "Who Weekly" editor Thomas Moore guilty of contempt - Time Inc fined $100,000 and Thomas Moore, fined $10,000 - photograph of Ivan Milat, accused of backpacker murders, published on magazine cover after Milat charged but before committal hearing had begun. 
 
 

"Who Weekly" - Thomas Moore 
High Court of Australia 
May, 1995 
Sub judice contempt - special leave to appeal to High Court against contempt convictions of Time Inc Magazine Co Pty Ltd and "Who Weekly" editor, Thomas Moore, refused - publication of photograph of Ivan Milat, charged with "backpacker murders" - Time Inc fined $100,000 and Moore fined $10,000 - photograph appeared on magazine cover after Milat charged but before committal hearing had begun. 
 
 

CONTEMPT LEGISLATION 

NSW Costs in Criminal Cases Amendment Bill 
November, 1997 
Comments on NSW Costs in Criminal Cases Amendment Bill by Professor Michael Chesterman of University of NSW and Commissioner-in-Charge of Australian Law Reform Commission's report on contempt. 
 
 

Victorian Public Prosecutions Bill 
July 1, 1994 
Attorney General to take over Director of Public Prosecutions' power to prosecute for contempt of court, where contempt involves interference with due administration of justice. 
 
 

CONTEMPT - MISCELLANEOUS 

Penalties for sub judice contempt 
March, 1995 
Roy Williams comments on determining penalties for sub judice contempt. 
 
 

Warning to media - NSW Supreme Court - murder trial of Ivan Milat for backpacker murders 
February, 1995 
Sub judice contempt - judicial warning on photographs of accused - NSW Supreme Court issued warning to media at committal hearing of Ivan Milat for backpacker murders.  
 
 

Warning to media - Tasmanian Supreme Court - murder trial of Martin Bryant for Port Arthur massacre 
February, 1997 
Sub judice contempt - judicial warning on pre-sentence publications - Chief Justice of Tasmanian Supreme Court issued warning to media - risk of contempt proceedings following Martin Bryant's plea of guilty over Port Arthur massacre, and prior to sentencing.