AB (a pseudonym) v CD (a pseudonym)EF (a pseudonym) v CD (a pseudonym)Citation:[2019] HCA 6Before:Nettle JDate:27 Feb 2019Case Number:M73/2018, M74/2018Read more

AB (a pseudonym) v CD (a pseudonym)EF (a pseudonym) v CD (a pseudonym)Citation:[2019] HCA 6Before:Nettle JDate:27 Feb 2019Case Number:M73/2018, M74/2018Read more

The court found that the risk of harm to persons associated with the party was acute and that a non-publication order was necessary to protect their safety, outweighing the public interest in open justice.

Parties
Applicant: Unnamed Applicant; Respondent: Unnamed Respondent
Jurisdiction
Australia
Judgment Date
27 February 2019
Procedural Posture
Suppression and Non Publication Order Application / Judgment
Outcome
application granted
Legal Topics
Suppression Orders, Non Publication Orders, Administration of Justice, Protection of Safety, Open Justice
Practice and Procedure Suppression Orders Non Publication Orders Administration of Justice Protection of Safety Open Justice

Case Brief

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Parties

Unnamed Applicant

Applicant

Unnamed Respondent

Respondent

Procedural Posture

Suppression and Non Publication Order Application / Judgment

Legal Issues

  1. 1 Whether the court has power to make suppression and non-publication orders
  2. 2 Whether a non-publication order is necessary to protect the safety of persons associated with a party to the proceeding

Ratio Decidendi

The court found that the risk of harm to persons associated with the party was acute and that a non-publication order was necessary to protect their safety, outweighing the public interest in open justice.

Court Disposition

application granted

Orders

  • A non-publication order is made to protect the safety of persons associated with the party to the proceeding.