Cooper v Herald & Weekly Times Pty Ltd

In Cooper v Herald & Weekly Times Pty Ltd, the applicant sought an order for a non-publication of his criminal conviction, citing his severe mental illness and the risk of self-harm if the conviction was published. The application was made to the Court of Appeal, which had to determine the inherent jurisdiction to grant such an order in light of the earlier publication of the conviction on the internet. The central legal issues involved the necessity of the non-publication order to avoid prejudice to the administration of justice and to ensure the applicant's physical safety.

The Court of Appeal considered whether the non-publication order was necessary to prevent prejudice to the administration of justice and to protect the applicant from potential harm. The Court noted that while the inherent jurisdiction exists to make such orders, it must be exercised with caution. The Court found that given the widespread publication of the conviction on the internet prior to the application, the non-publication order would have little utility. The Court concluded that the earlier publication had already diminished the potential for prejudice or harm, thereby negating the necessity for the order. The Court also highlighted that the orders, if made, would not significantly alter the current situation, thus not serving a practical purpose.

In light of the above considerations, the Court of Appeal dismissed the application for a non-publication order. The Court emphasised that the inherent jurisdiction should be exercised judiciously and only when there is a clear and present necessity to do so. Given the extensive prior publication and the lack of utility in imposing the order, the Court found that the applicant's interests were adequately safeguarded by the existing circumstances.