Taylor v Nationwide News Pty Limited [2021] FCA 664

Taylor v Nationwide News Pty Limited [2021] FCA 664

Suppression and non-publication orders are granted as necessary to protect the safety of witness AB, supported by evidence of genuine fear and the risk to his safety if identified. The extent and duration of the orders are limited to achieve only what is reasonably necessary, balancing required protection against the principle of open justice.

Parties
Applicant: Mr Daniel Taylor; First Respondent: Nationwide News Pty Limited; Second Respondent: Mr Brenden Hills
Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Defamation / Interlocutory Application for Non Publication and Suppression Orders
Outcome
Suppression and non-publication orders granted in part; orders made for a fixed period of 10 years.
Legal Topics
Suppression Orders, Non Publication Orders, Open Justice, Witness Protection
Practice and Procedure Suppression Orders Non Publication Orders Open Justice Witness Protection

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Parties

Mr Daniel Taylor

Applicant

Nationwide News Pty Limited

First Respondent

Mr Brenden Hills

Second Respondent

Procedural Posture

Defamation / Interlocutory Application for Non Publication and Suppression Orders

Legal Issues

  1. 1 Whether suppression and non-publication orders should be made to protect the safety of a witness (AB) and to what extent such orders are necessary

Ratio Decidendi

Suppression and non-publication orders are granted as necessary to protect the safety of witness AB, supported by evidence of genuine fear and the risk to his safety if identified. The extent and duration of the orders are limited to achieve only what is reasonably necessary, balancing required protection against the principle of open justice.

Court Disposition

Suppression and non-publication orders granted in part; orders made for a fixed period of 10 years.

Orders

  • The name of AB not be published except as mentioned in the subject publication; AB to be referred to by pseudonym.
  • Any matter tending to identify AB not be published.