AD v Morrison [2013] NSWSC 625

AD v Morrison [2013] NSWSC 625

The Court granted suppression orders solely as to the Plaintiff's children, finding public interest justified limiting publication identifying the children in light of s 45 of the Crimes (Domestic And Personal Violence) Act 2007 and previous disclosures, but found no justification or sufficient public interest for continuing suppression as to the Plaintiff or his wife beyond a limited interim order.

Parties
Plaintiff: AD; First Defendant: Kimberley Michelle Morrison; Second Defendant: The Local Court of NSW
Jurisdiction
Australia
Judgment Date
22 May 2013
Procedural Posture
Interlocutory Application / Suppression Order Determination
Outcome
Suppression orders partially granted
Legal Topics
Suppression Orders, Costs in Apprehended Domestic Violence Proceedings, Certiorari, Protecting Identity of Children
Procedure Administrative Law Suppression Orders Costs in Apprehended Domestic Violence Proceedings Certiorari Protecting Identity of Children

Case Brief

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Parties

AD

Plaintiff

Kimberley Michelle Morrison

First Defendant

The Local Court of NSW

Second Defendant

Procedural Posture

Interlocutory Application / Suppression Order Determination

Legal Issues

  1. 1 Whether the identity of the Plaintiff and his family should be suppressed in proceedings arising from a costs decision related to Apprehended Domestic Violence proceedings.
  2. 2 Whether the public interest in suppression significantly outweighs the public interest in open justice in relation to the Plaintiff, his wife, and their children.

Ratio Decidendi

The Court granted suppression orders solely as to the Plaintiff's children, finding public interest justified limiting publication identifying the children in light of s 45 of the Crimes (Domestic And Personal Violence) Act 2007 and previous disclosures, but found no justification or sufficient public interest for continuing suppression as to the Plaintiff or his wife beyond a limited interim order.

Court Disposition

Suppression orders partially granted

Orders

  • Leave to the Plaintiff to file a further Amended Summons with respect to the name of the Plaintiff.
  • Suppression and non-publication orders made concerning the identification of the Plaintiff's three children and evidence tending to identify them, pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW).