Jones v Registrar of the Court of Appeal

The applicant, Ms Jones, sought special leave to appeal to the High Court of Australia against a decision of the Registrar of the Court of Appeal. The dispute concerned charges of contempt of court brought against Ms Jones, who was an employee of a newspaper publisher. The charges alleged that Ms Jones "caused to be published" an article, which was published by her employer.

The legal issues before the High Court were twofold. Firstly, whether an employee who wrote an article published by their employer could be considered to have "caused" its public publication. Secondly, the court was asked to determine whether secondary participation in the publication of an article, in circumstances where the principal offence might be one of strict liability, requires proof of intent based on knowledge.

The applicant argued that she could not be treated as a principal publisher, contending that her role was limited to writing the copy and submitting it for editorial processes. She submitted that the decision to publish, and the ultimate responsibility for publication, rested with the editors and those above her in the editorial hierarchy. The applicant's counsel referred to cases concerning causation and secondary participation, suggesting that for secondary participation, intent and knowledge of the essential elements of the offence were necessary, distinguishing this from a principal offence that might not require proof of intent.