AB v Curry & Anor (No. 3) [2015] NSWSC 1677

AB v Curry & Anor (No. 3) [2015] NSWSC 1677

Orders for removal and redaction of published judgments are necessary to prevent prejudice to the proper administration of justice, specifically to protect the identity of the plaintiff who alleged sexual abuse, in line with the policy of s 578A of the Crimes Act, while still providing an adequate account of reasons for decision.

Jurisdiction
Australia
Judgment Date
23 October 2015
Procedural Posture
Notice of Motion in Family Provision Proceedings / Interlocutory Application for Suppression/non Publication Orders
Outcome
Application allowed in part
Legal Topics
['suppression and Non Publication Orders' 'family Provision' 'open Justice' 'identification of Complainant in Sexual Abuse Offence Proceedings']
['practice and Procedure' 'equity'] ['suppression and Non Publication Orders' 'family Provision' 'open Justice' 'identification of Complainant in Sexual Abuse Offence Proceedings']

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Procedural Posture

Notice of Motion in Family Provision Proceedings / Interlocutory Application for Suppression/non Publication Orders

Legal Issues

  1. 1 ['Whether suppression or non-publication orders should be made to protect the identity of the plaintiff and others in published judgments relating to family provision proceedings involving allegations of sexual and physical abuse' 'Whether publication of judgments could prejudice pending criminal investigations' 'Extent of redactions necessary to safeguard the administration of justice']

Ratio Decidendi

Orders for removal and redaction of published judgments are necessary to prevent prejudice to the proper administration of justice, specifically to protect the identity of the plaintiff who alleged sexual abuse, in line with the policy of s 578A of the Crimes Act, while still providing an adequate account of reasons for decision.

Court Disposition

Application allowed in part

Orders

  • ['Reasons for judgment [2015] NSWSC 1063 and [2015] NSWSC 1209 to be removed from NSW Caselaw.' 'Registrar to request AustLII, LexisNexis, Westlaw, Jade BarNet remove judgments from websites.' 'Mr Morrissey to remove judgment from his website.' 'Names and place in judgments to be anonymised before republishing.' 'Mr...