LFDB v SM [2016] FCA 262

LFDB v SM [2016] FCA 262

Given the New Zealand court orders and that suppression is necessary to prevent prejudice to the proper administration of justice, and having regard to judicial comity and the respondent’s status as a vulnerable person, the court grants the suppression and non-publication orders as sought.

Parties
Applicant: LFDB; Applicant: DBA(AU); Applicant: DBA(AU) as trustee for DPT; Applicant: SE; Applicant: BWP; Respondent: SM
Jurisdiction
Australia
Judgment Date
14 March 2016
Procedural Posture
Administrative Law Application / Application for Suppression and Non Publication Orders
Outcome
Suppression and non-publication orders granted under s 37AF.
Legal Topics
Suppression Orders, Non Publication Orders, Judicial Comity, Vulnerable Persons, Trans Tasman Proceedings
Administrative Law Suppression Orders Non Publication Orders Judicial Comity Vulnerable Persons Trans Tasman Proceedings

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Parties

LFDB

Applicant

DBA(AU)

Applicant

DBA(AU) as trustee for DPT

Applicant

SE

Applicant

BWP

Applicant

SM

Respondent

Procedural Posture

Administrative Law Application / Application for Suppression and Non Publication Orders

Legal Issues

  1. 1 Whether to grant permanent suppression and non-publication orders under s 37AF of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether judicial comity requires the Court to act conformably with orders made by New Zealand courts suppressing parties' names and identifying information

Ratio Decidendi

Given the New Zealand court orders and that suppression is necessary to prevent prejudice to the proper administration of justice, and having regard to judicial comity and the respondent’s status as a vulnerable person, the court grants the suppression and non-publication orders as sought.

Court Disposition

Suppression and non-publication orders granted under s 37AF.

Orders

  • Permanent suppression of the parties' names and identifying information
  • Prohibition on publication of identifying information