McLachlan v Browne & Fairfax Media Publications Pty Ltd; McLachlan v Browne & Australian Broadcasting Corporation (No 4) [2018] NSWSC 940

McLachlan v Browne & Fairfax Media Publications Pty Ltd; McLachlan v Browne & Australian Broadcasting Corporation (No 4) [2018] NSWSC 940

It is appropriate to make the suppression and non-publication orders sought by consent, as they are necessary to maintain the efficacy of the protection conferred by the Judicial Proceedings Reports Act 1958 (Vic) for the person referred to as 'person 1', and supported by the affidavit material before the Court.

Parties
Plaintiff: Craig McLachlan; First Defendant: Christie Whelan Browne; Second Defendant (2018/34244): Fairfax Media Publications Pty Ltd; Second Defendant (2018/34257): Australian Broadcasting Corporation
Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Defamation / Interlocutory Application Suppression/non Publication Orders
Outcome
Suppression and non-publication orders granted by consent; leave granted to file an amended defence.
Legal Topics
Suppression Orders, Non Publication Orders, Protection of Complainant Identity
Defamation Court Procedure Suppression Orders Non Publication Orders Protection of Complainant Identity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Craig McLachlan

Plaintiff

Christie Whelan Browne

First Defendant

Fairfax Media Publications Pty Ltd

Second Defendant (2018/34244)

Australian Broadcasting Corporation

Second Defendant (2018/34257)

Procedural Posture

Defamation / Interlocutory Application Suppression/non Publication Orders

Legal Issues

  1. 1 Whether the Court should make suppression and non-publication orders regarding the identity of and information provided by a person relied upon by the defendants in support of a truth defence to defamation claims

Ratio Decidendi

It is appropriate to make the suppression and non-publication orders sought by consent, as they are necessary to maintain the efficacy of the protection conferred by the Judicial Proceedings Reports Act 1958 (Vic) for the person referred to as 'person 1', and supported by the affidavit material before the Court.

Court Disposition

Suppression and non-publication orders granted by consent; leave granted to file an amended defence.

Orders

  • Disclosure of affidavit of Marina Olsen affirmed 24 May 2018 restricted to the Court, parties, and their legal representatives.
  • Disclosure of affidavit of Marina Olsen affirmed 29 May 2018 and confidential exhibits 1 and 2 restricted to the Court, parties, and their legal representatives.