Dickason v Dickason [1913] HCA 77; (1913) 17 CLR 50 (15 October 1913)

HIGH COURT OF AUSTRALIA

H C of A

On appeal from the Supreme Court of Victoria.

11 September 1913

Barton A.C.J., Isaacs, Gavan Duffy, Powers and Rich JJ.

Morley, in support of the motion.

Barton A.C.J.

This application cannot be granted. The matter appears to be concluded by the judgments of the Lords in Scott v. Scott[1] , the effect of which is that there is no inherent power in a Court of justice to exclude the public, inasmuch as one of the normal attributes of a Court is publicity, that is, the admission of the public to attend the proceedings. Power to exclude may be conferred expressly by law, but there is no law which empowers us to proceed otherwise than with the ordinary publicity of a Court of justice. On the contrary, secs. 15 and 16 of the Judiciary Act show clearly an intention on the part of the legislature that the jurisdiction of this Court should be publicly exercised.

Isaacs J.

I agree.

Gavan Duffy J.

I concur.

Powers J.

I concur.

Rich J.

I concur.

Motion dismissed.

Appeal dismissed.

Solicitors, for the appellant, Hedderwick, Fookes & Alston.

Solicitors, for the respondent, Rogers & Rogers.

H C of A

On appeal from the Supreme Court of Victoria.

15 October 1913

Isaacs, Gavan Duffy and Powers JJ.

Morley, for the appellant.

W. W. Rogers, for the respondent, was not called on.

Isaacs, Gavan Duffy and Powers JJ.

The Court dismissed the appeal.

Motion dismissed.

Appeal dismissed.

Solicitors, for the appellant, Hedderwick, Fookes & Alston.

Solicitors, for the respondent, Rogers & Rogers.

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1. 29 T.L.R., 520; (1913) A.C., 417.