MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 45

MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 45

45 .         Court to be open to public, publicity

        (1)         All proceedings in the Court’s civil jurisdiction are to be conducted in open court unless this Act, the rules of court or another written law provides otherwise.

        (2)         On an application by a party to a case or on its own initiative, the Court may order a person who may be called as a witness in the proceedings —

            (a)         to leave the courtroom and to remain out of hearing of the courtroom until called to give evidence;

            (b)         not to discuss his or her evidence with a person or persons specified by the Court.

        (3)         On an application by a party to a case, or on its own initiative, the Court may, if satisfied it is in the interests of justice to do so —

            (a)         order any or all persons, or any class of persons, to be excluded from the courtroom during the whole of the proceedings, or a part of them specified by the Court;

            (b)         make an order that prohibits or restricts the publication outside the courtroom of the whole of the proceedings, or a part or particular of them specified by the Court.

        (4)         An order made under subsection (3) may be made subject to conditions specified by the Court.

        (5)         A person who, under section 44(2), is entitled to act on behalf of a party to the proceedings is not to be excluded from the courtroom under this section.

        (6)         A person who contravenes an order made under this section is guilty of a contempt of the Court.