Council of Law Society of NSW v XX [2020] NSWSC 1912

Council of Law Society of NSW v XX [2020] NSWSC 1912

Although the parties agreed that an interim order was appropriate, s 10(2) required the application to be determined as a matter of urgency. The Court held that the matter needed to be brought on sooner rather than later to avoid misuse of the temporary s 10 power, while allowing an interim extension and directions to fix the first suitable hearing date in or after the second week of February.

Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Civil Procedure Application for Suppression and Non Publication Orders / Interim Extension Application Under S 10 of the Court Suppression and Non Publication Orders Act 2010 (nsw)
Outcome
Interim extension granted; motion listed for directions; evidence timetable set.
Legal Topics
['suppression and Non Publication Orders' 'interim Orders' 'open Justice' 'urgent Hearing' 'protection of Safety of a Person']
['civil Procedure'] ['suppression and Non Publication Orders' 'interim Orders' 'open Justice' 'urgent Hearing' 'protection of Safety of a Person']

Case Brief

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Procedural Posture

Civil Procedure Application for Suppression and Non Publication Orders / Interim Extension Application Under S 10 of the Court Suppression and Non Publication Orders Act 2010 (nsw)

Legal Issues

  1. 1 ['Whether the existing suppression and non-publication orders should be extended on an interim basis under s 10 of the Court Suppression and Non-Publication Orders Act 2010 (NSW).' 'When the application for continuation of the suppression and non-publication orders should be heard, having regard to the statutory requirement that the application be determined as a matter of urgency.' 'Whether directions should be made for service of evidence in support of the motion.']

Ratio Decidendi

Although the parties agreed that an interim order was appropriate, s 10(2) required the application to be determined as a matter of urgency. The Court held that the matter needed to be brought on sooner rather than later to avoid misuse of the temporary s 10 power, while allowing an interim extension and directions to fix the first suitable hearing date in or after the second week of February.

Court Disposition

Interim extension granted; motion listed for directions; evidence timetable set.

Orders

  • ['Pursuant to s 10 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), ("the Act"), the orders made by Justice Bellew on 12 December 2019, pursuant to the Act, are extended until 5pm on 16 March 2021 or until further order of the Court, whichever is the earlier.' 'The motion is listed for directions...