Smith v Jones (No. 3) [2022] NSWSC 1448
It is necessary to make a pseudonym order under s 8(1)(a) of the Court Suppression and Non-publication Orders Act 2010 (NSW) to comply with s 121 of the Family Law Act 1975 (Cth) and prevent prejudice to the administration of justice by protecting the identities of the parties involved in family law proceedings referenced in the judgment.
- Parties
- Plaintiff: Helen Smith; Defendant: Stephen Jones
- Jurisdiction
- Australia
- Judgment Date
- 24 October 2022
- Procedural Posture
- Civil Procedure Suppression/non Publication Order Application / Order After Written Submissions
- Outcome
- Suppression/non-publication order made: parties to be known as Helen Smith and Stephen Jones
- Legal Topics
- Suppression and Non Publication Orders, Anonymity in Proceedings, Family Law Proceedings Publication
Case Brief
Summary, issues, holding and outcome
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Parties
Helen Smith
Plaintiff
Stephen Jones
Defendant
Procedural Posture
Civil Procedure Suppression/non Publication Order Application / Order After Written Submissions
Legal Issues
- 1 Whether to make a suppression/non-publication order providing pseudonyms to the parties to reflect obligations under s 121 of the Family Law Act 1975 (Cth)
Ratio Decidendi
It is necessary to make a pseudonym order under s 8(1)(a) of the Court Suppression and Non-publication Orders Act 2010 (NSW) to comply with s 121 of the Family Law Act 1975 (Cth) and prevent prejudice to the administration of justice by protecting the identities of the parties involved in family law proceedings referenced in the judgment.
Court Disposition
Suppression/non-publication order made: parties to be known as Helen Smith and Stephen Jones
Orders
- Until further order, the parties in these proceedings will be known as Helen Smith and Stephen Jones upon the grounds specified in s 8(1)(a) of the Court Suppression and Non-publication Orders Act 2010 (NSW) that this order is necessary to prevent prejudice to the proper administration of justice.
Full Case Text
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