Court Records as Archives: The Need for Law Reform to Ensure Access

Abstract

Professor Rubenstein, ANU College of Law, is the lead CI on the ARC Discovery Project DP130101954 that this chapter draws upon. Andrew Henderson is a sessional staff member of The Australian National University College of Law and has been employed as a Research Assistant on this project. His co-authorship of this chapter is testament to his own significant contributions to the research output. 2 Federal Court of Australia Act 1976 (Cth) s 5(2). Superior Courts of Record make decisions that are determinative, and their proceedings must be recorded. The High Court of Australia is also a Superior Court of Record. The High Court's records have been identified for many years as items for 'permanent retention'. This has not occurred until very recently for the Federal Court. Unlike the State Supreme Courts, the Federal Court is a Chapter III court, which gives it a greater degree of prominence with an Australian judiciary. Its statutory jurisdiction, particularly in relation to judicial review, also means that it deals with matters directly connected to the relationship between the individual and the state to an extent that is simply not shared with the Supreme Courts.