EFG v General Counsel, Department of Communities and Justice [2024] NSWSC 1373

EFG v General Counsel, Department of Communities and Justice [2024] NSWSC 1373

Exceptional circumstances exist that justify a non-publication order under s 7 and s 8(1)(d) of the Court Suppression and Non-publication Orders Act 2010 (NSW), even for a party acquitted of serious criminal charges, to avoid undue distress or embarrassment, and only to the limited extent necessary, with the proceedings to otherwise remain public.

Parties
Plaintiff: EFG; First Defendant: General Counsel, Department of Communities and Justice; Second Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
25 October 2024
Procedural Posture
Judicial Review / Suppression Order / Preliminary / Procedural Application for Suppression and Non Publication
Outcome
Suppression and non-publication order granted; leave granted to proceed on unfiled documents; proceedings to use pseudonym "EFG"
Legal Topics
Suppression and Non Publication Orders, Open Justice Principle, Judicial Review, Costs Certificate
Civil Procedure Suppression and Non Publication Orders Open Justice Principle Judicial Review Costs Certificate

Case Brief

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Parties

EFG

Plaintiff

General Counsel, Department of Communities and Justice

First Defendant

State of New South Wales

Second Defendant

Procedural Posture

Judicial Review / Suppression Order / Preliminary / Procedural Application for Suppression and Non Publication

Legal Issues

  1. 1 Whether a non-publication order should be made to protect the identity of the plaintiff in judicial review of a costs assessment following an acquittal in criminal proceedings involving sexual offences
  2. 2 Whether exceptional circumstances justify a non-publication order under s 8(1)(d) and s 8(3) of the Court Suppression and Non-publication Orders Act 2010 (NSW)

Ratio Decidendi

Exceptional circumstances exist that justify a non-publication order under s 7 and s 8(1)(d) of the Court Suppression and Non-publication Orders Act 2010 (NSW), even for a party acquitted of serious criminal charges, to avoid undue distress or embarrassment, and only to the limited extent necessary, with the proceedings to otherwise remain public.

Court Disposition

Suppression and non-publication order granted; leave granted to proceed on unfiled documents; proceedings to use pseudonym "EFG"

Orders

  • Upon the undertaking of the plaintiff's solicitor, grant leave to proceed on unfiled documents today.
  • The Notice of Motion is returnable instanter and leave granted to proceed on it ex parte.