Registrar of the Supreme Court v Herald & Weekly Times Ltd No. Scciv-02-1015

The Supreme Court of South Australia presided over a case involving the Registrar of the Supreme Court and Herald & Weekly Times Ltd. The dispute centered on whether the media organisation had violated a suppression order, leading to a charge of contempt of court. The central legal issue was whether the word 'disobey' in the relevant statute required knowledge of the existence and terms of the suppression order for an offence to be constituted. Additionally, the court needed to determine if the contempt provision in the statute constituted an offence of strict liability, negating the need for intent to breach a court order.

The court considered the statutory interpretation and the nature of the offence, determining that the provision was not one of strict liability. It was held that the purpose of the statute was to protect certain individuals from undesirable public identification, and the onus was on the media to ensure compliance with the suppression order. The court reasoned that imposing the responsibility of ensuring compliance on the media was fair and reasonable, given the modest cost compared to the potential harm from non-compliance. The court concluded that knowledge of the suppression order was not a necessary element for an offence under section 70(1)(a), and found Herald & Weekly Times Ltd guilty of contempt. The court's decision was based on the importance of protecting the administration of justice and the individuals involved, as well as the reasonable expectation that the media would take necessary precautions to comply with court orders.