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1.
The Court no longer includes 'Case(s) also cited' in the reasons for
decision of the Court.
2.
The practice has involved the Court in the expenditure of considerable
resources disproportionate to the benefit derived from inclusion of this
category of cases.
3.
The cessation of this practice is consistent with Olsson, L T,
Guide to
Uniform Production of Judgments
, 2nd ed (Carlton South, Vic, AIJA, 1999),
which is intended to promote the uniform production of judgments
nationally.
8. Reasons for Decision
Supreme Court of Western Australia
Consolidated Practice Direction
8.2.5
Removal of judgments from the internet
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Definitions
1.
In this Practice Direction:
Accessible repository
includes, but is not limited to, the Supreme Court
of Western Australia website (www.supremecourt.wa.gov.au) and the
Australian Legal Information Institute (AustLII) judgment repositories
on the Internet;
Application to the Court
includes a written application;
Judgment
includes the reasons, orders, catchwords and other
identifying details;
Identified judgment
means any judgment that may impact on jury
deliberations in a particular trial;
Medium neutral citation
means the year, court identifier and decision
number of a judgment, for example,
Jones v Smith
[1999] WASC 12 (see
Practice Direction 8.2.2).
Introduction
2.
The purpose of this Practice Direction is to ensure, for jury trials, that an
electronic version of a judgment, which details specifics of the
proceedings or related proceedings, is removed from the Internet for the
duration of the trial or another appropriate period. It applies in
circumstances other than those in which the Court, in the exercise of its
own discretion, identifies a risk of prejudice and temporarily withholds
or removes a judgment from publication through an accessible
repository.
Process
3.
A party that locates an identified judgment in an accessible repository is
to bring the judgment, its relationship to the forthcoming proceedings
and its location to the attention of the Court and all parties to the case.
4.
If satisfied, and subject to any order otherwise, the Court will, in the
normal course, direct that the identified judgment be removed
immediately from the accessible repository and will not be restored until
21 days after the conclusion of the proceedings, to allow for the
possibility of an appeal. If an appeal is filed the judgment will not be
restored until after the appeal has been determined, or if it is clear from
the grounds of appeal that there is no prospect of a re-trial.
8. Reasons for Decision
Supreme Court of Western Australia
Consolidated Practice Direction
8.2.6
Published Written Sentencing Remarks (Refer to PD 5.7)
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