Buttling v NSW Department of Education and Communities (No 2) [2012] NSWIRComm 72

Buttling v NSW Department of Education and Communities (No 2) [2012] NSWIRComm 72

There are no exceptional circumstances warranting a non-disclosure order; Mr Buttling’s objections relate to alleged errors in the decision, not matters justifying suppression, and do not override the principle of open justice.

Parties
Applicant on the Motion: Robert Jeffrey Buttling; Respondent on the Motion: NSW Department of Education and Communities
Jurisdiction
Australia
Judgment Date
10 July 2012
Procedural Posture
Interlocutory Application / Application for Non Disclosure Order Following Refusal of Unfair Dismissal Claim; Appellate Proceedings Pending
Outcome
Application for non-disclosure order dismissed.
Legal Topics
Unfair Dismissal, Non Disclosure Orders, Open Justice, Interlocutory Applications
Industrial Law Employment Law Unfair Dismissal Non Disclosure Orders Open Justice Interlocutory Applications

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Parties

Robert Jeffrey Buttling

Applicant on the Motion

NSW Department of Education and Communities

Respondent on the Motion

Procedural Posture

Interlocutory Application / Application for Non Disclosure Order Following Refusal of Unfair Dismissal Claim; Appellate Proceedings Pending

Legal Issues

  1. 1 Whether exceptional circumstances justify a non-disclosure order prohibiting publication of the first instance unfair dismissal decision

Ratio Decidendi

There are no exceptional circumstances warranting a non-disclosure order; Mr Buttling’s objections relate to alleged errors in the decision, not matters justifying suppression, and do not override the principle of open justice.

Court Disposition

Application for non-disclosure order dismissed.

Orders

  • The applicant's notice of motion seeking non-disclosure orders is dismissed.