Attorney General for New South Wales v Nationwide News Pty Limited and John Fairfax Pty Limited

The Attorney-General for New South Wales sought to restrain Nationwide News Pty Limited and John Fairfax Pty Limited from publishing certain information relating to criminal proceedings. The Attorney-General contended that the proposed publications would prejudice the administration of justice by potentially influencing the outcome of those proceedings. The case was heard by Gummow and Heydon JJ of the High Court of Australia.

The central legal issue before the High Court was whether the common law power to restrain publication of material that would prejudice criminal proceedings remained a valid and enforceable power in contemporary Australian law, and if so, under what circumstances it could be exercised. This involved considering the tension between the public interest in the unimpeded administration of justice and the public interest in freedom of expression and the free flow of information.

The Court affirmed the existence of the common law power to grant injunctions to prevent prejudice to the administration of justice. However, it emphasised that such a power must be exercised with caution and only in circumstances where there is a clear and present danger of prejudice. The Court considered the nature of the proposed publications and the specific criminal proceedings to which they related, weighing the potential for prejudice against the importance of open justice and public access to information. The reasoning involved an analysis of the principles governing contempt of court and the equitable jurisdiction to grant injunctive relief.

The High Court ultimately dismissed the Attorney-General's application for an injunction. The Court concluded that the Attorney-General had not demonstrated a sufficient likelihood of prejudice to the administration of justice that would warrant the extraordinary step of restraining publication.