AB (a pseudonym) v CD (a pseudonym) [2019] HCA 6

AB (a pseudonym) v CD (a pseudonym) [2019] HCA 6

It is necessary to make an order prohibiting publication of the names and images of EF's children (HI and JK) in connection with EF, these proceedings or their subject matter to protect the children's safety, due to the acute risk established by police evidence; the order is to last until publication of the Royal Commission's final report and at least 15 years thereafter.

Parties
Appellant: AB (a pseudonym); Appellant: EF (a pseudonym); Respondents: CD (a pseudonym) & Ors; Intervener: Commonwealth Director of Public Prosecutions; Intervener: Royal Commission into the Management of Police Informants; Intervener: The Herald and Weekly Times Pty Ltd, The Age Company Ltd, Nationwide News Pty Ltd and Seven Network (Operations) Limited; None: Victorian Equal Opportunity and Human Rights Commission; Amici Curiae: W B Zichy-Woinarski QC with J M Davidson
Jurisdiction
Australia
Judgment Date
27 February 2019
Procedural Posture
Application / Suppression/non Publication Order
Outcome
Application for non-publication order granted.
Legal Topics
Suppression and Non Publication Orders, Open Justice, Protection of Safety, Administration of Justice
Practice and Procedure Suppression and Non Publication Orders Open Justice Protection of Safety Administration of Justice

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Parties

AB (a pseudonym)

Appellant

EF (a pseudonym)

Appellant

CD (a pseudonym) & Ors

Respondents

Commonwealth Director of Public Prosecutions

Intervener

Royal Commission into the Management of Police Informants

Intervener

The Herald and Weekly Times Pty Ltd, The Age Company Ltd, Nationwide News Pty Ltd and Seven Network (Operations) Limited

Intervener

Victorian Equal Opportunity and Human Rights Commission

None

W B Zichy-Woinarski QC with J M Davidson

Amici Curiae

Procedural Posture

Application / Suppression/non Publication Order

Legal Issues

  1. 1 Whether a non-publication order prohibiting publication of names and images of EF's children is necessary to protect their safety under s 77RF(1)(c) of the Judiciary Act 1903 (Cth).

Ratio Decidendi

It is necessary to make an order prohibiting publication of the names and images of EF's children (HI and JK) in connection with EF, these proceedings or their subject matter to protect the children's safety, due to the acute risk established by police evidence; the order is to last until publication of the Royal Commission's final report and at least 15 years thereafter.

Court Disposition

Application for non-publication order granted.

Orders

  • No publication of the real names or images of EF's children or either of them in connection with EF, these proceedings, or the subject matter of these proceedings, until publication of the final report of the Royal Commission into the Management of Police Informants and for at least 15 years thereafter.