Blanch v Smith [2024] NSWDC 631

Blanch v Smith [2024] NSWDC 631

The Respondent's conduct constituted harassment and intimidation within the meaning of s 19 of the Act, as it involved sustained, public, and targeted online attacks, including offensive misgendering and belittling language, causing the Appellant genuine and reasonable fear for her safety and well-being. The orders made under the Act do not impermissibly burden the implied freedom of political communication, as they are reasonably appropriate, adapted, and proportionate to the legitimate objective of protecting individuals from personal violence, intimidation, or harassment. The appeal is allowed and an APVO is made to protect the Appellant.

Parties
Appellant: Stephanie Blanch; Respondent: Kirralie Smith; Intervener: Attorney-General of New South Wales
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Civil Appeal / Appeal Determination After Local Court Dismissal of APVO
Outcome
Appeal allowed. APVO made.
Legal Topics
Apprehended Personal Violence Orders, Freedom of Political Communication, Harassment, Intimidation, Cyberbullying, Social Media Conduct, Transgender Rights
Civil Procedure Constitutional Law Anti Discrimination Law Apprehended Personal Violence Orders Freedom of Political Communication Harassment Intimidation Cyberbullying +2 more

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Parties

Stephanie Blanch

Appellant

Kirralie Smith

Respondent

Attorney-General of New South Wales

Intervener

Procedural Posture

Civil Appeal / Appeal Determination After Local Court Dismissal of APVO

Legal Issues

  1. 1 Whether the Respondent's conduct amounted to harassment or intimidation justifying an APVO under s 19 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW)
  2. 2 Whether making an APVO in these circumstances impermissibly burdens the implied freedom of political communication under the Commonwealth Constitution

Ratio Decidendi

The Respondent's conduct constituted harassment and intimidation within the meaning of s 19 of the Act, as it involved sustained, public, and targeted online attacks, including offensive misgendering and belittling language, causing the Appellant genuine and reasonable fear for her safety and well-being. The orders made under the Act do not impermissibly burden the implied freedom of political communication, as they are reasonably appropriate, adapted, and proportionate to the legitimate objective of protecting individuals from personal violence, intimidation, or harassment. The appeal is allowed and an APVO is made to protect the Appellant.

Court Disposition

Appeal allowed. APVO made.

Orders

  • The appeal is allowed.
  • Orders of the Local Court at Taree are revoked.