In an article in the Sunday Telegraph they criticised the placing of cases
from the Family Law Court on the internet.
The reporter saying that “sensitive” family cases being on the internet
infringes privacy does not give due weight to the fact that those
materials are available in almost any library. Futher, the only cases that are reported are the ones that change the law. They are reported so that they can be referred to in other cases (hence the doctrine of precedent).
This is law that binds anyone.
The arguments they are using is basically that non-lawyers can read the
cases when are on the internet. I don’t accept that that presents a
problem and I believe these are the points in favour of Family Court
cases being on the internet:
- It is not only lawyers that should have access to the law that
binds everyone
- I know many people that would consider it easier to look up a
“sensitive case” in the law reports in the library.
- If the point is taken to an extreme, it would be like saying “a
child should not have access to section 79 of the Crimes Act because it
mentions bestiality.”
- Highly sensitive information, such as the names of children,
are usually not released.
- The courts are for the public. People can sit in on most
hearings. Parties have the opportunity to settle out of court and not
release the terms, but if they go to the court for help, they must accept
that their dispute is part of the public record.
- May cases (such as criminal cases) also involve revealing
personal information about people, but the media does not seem to
have a problem with displaying those details all over the papers.
The internet is a means by which we can all have access to the law.
AustLII deserves our support.
Christopher Wood
President, UTS Law Students’ Society