Nine wins appeal right. Judge extends ban.

UPDATED: 5:40pm. The Nine Network has won the right to have an appeal heard urgently.

Nine, the DPP and lawyers for the accused have been given until February 26 to lodge submissions and other documents, but a hearing date for the full appeal is yet to be finalised.

Director of Public Prosecutions Jeremy Rapke, QC, accused Nine of making a bad commercial decision, to air Underbelly at a time when trials were listed.

Earlier: A Victorian Supreme Court has extended a ruling that prohibits the transmission, publishing, broadcasting or exhibiting of Underbelly within, from and to Victoria.

It follows a public screening of the first two episodes in a Melbourne hotel via a WA satellite feed.

Geoffrey Horgan, SC, for the DPP, asked Justice King today to vary her original suppression order to ensure Underbelly was not “exhibited” in Victoria.

Justice King had earlier noted that the hotel had committed a potential contempt of her order.

Mr Horgan said the DPP was looking into the matter.

Justice King today also refused an application by Nine to be given access to the brief of evidence against the accused whose forthcoming murder trial is central to the suppression order.

Nine told Justice King it wished to see the brief to help it prepare its appeal – which will begin with a directions hearing this afternoon – against her ban.

The hearing was listed for 2.15pm today, but with the huge and complicated legal paperwork involved and depending on the availability of judges, the appeal may not be listed until next week.

Source: The Age