Telford and Telford (No 2)
Case
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[2020] FamCA 311
•21 February 2020
Details
AGLC
Case
Decision Date
Telford and Telford (No 2) [2020] FamCA 311
[2020] FamCA 311
21 February 2020
CaseChat Overview and Summary
In *Telford and Telford (No 2)*, Harper J of the Supreme Court of Victoria made an order excluding all persons who were not parties or legal representatives from the courtroom for the remainder of the proceedings.
The central issue before the Court was whether to grant an order for the exclusion of the public from the courtroom during the ongoing proceedings.
Harper J applied the principles governing the exclusion of the public from court proceedings, which are rooted in the common law and statutory provisions that permit such exclusion in limited circumstances. The Court considered the need to balance the public's right of access to court proceedings against the potential for prejudice or disruption to the administration of justice. In this instance, the Court determined that exclusion was necessary for the proper conduct of the proceedings.
The Court ordered that all persons who were not parties or one of a party’s legal representatives were to leave the Court and be excluded therefrom for the balance of the proceedings or until further order.
The central issue before the Court was whether to grant an order for the exclusion of the public from the courtroom during the ongoing proceedings.
Harper J applied the principles governing the exclusion of the public from court proceedings, which are rooted in the common law and statutory provisions that permit such exclusion in limited circumstances. The Court considered the need to balance the public's right of access to court proceedings against the potential for prejudice or disruption to the administration of justice. In this instance, the Court determined that exclusion was necessary for the proper conduct of the proceedings.
The Court ordered that all persons who were not parties or one of a party’s legal representatives were to leave the Court and be excluded therefrom for the balance of the proceedings or until further order.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Abuse of Process
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Procedural Fairness
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Stay of Proceedings
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