  Open Courts Bench Book
1 Introduction
2 Powers to make orders qualifying open justice
  3 Grounds and Necessity
  3.1 Proceeding suppression orders and closed court orders
3.2 Broad suppression orders
3.3 The requirement of necessity
3.3.1 Necessity is a high threshold
3.3.2 Necessary does not mean ‘necessary for the proceedings to continue’
3.3.3 The meaning of necessary depends on the context in which it is used
3.3.4 Necessity does not involve balancing competing interests
3.3.5 Necessity must be reasonably demonstrated on the available evidence
3.3.6 Mere embarrassment, shame or humiliation do not amount to necessity
3.3.7 Unenforceable or futile orders
3.3.8 The order must do no more than is necessary
3.4 Ground 1: Administration of justice
3.5 Ground 2: National security
3.6 Ground 3: Safety of persons
3.7 Grounds 4 and 5: Undue distress or embarrassment
4 Procedure
5 Types of orders
6 Objects of suppression
7 Limitations on orders
8 Reviews and appeals
9 Breach
10 Rights and obligations of parties and the media
11 Model orders and undertakings
Index
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