LFDB v SM [2016] FCA 262

FEDERAL COURT OF AUSTRALIA

LFDB v SM [2016] FCA 262 File number(s): NSD 1665 of 2015

Judge(s): GRIFFITHS J

Date of judgment: 14 March 2016

Catchwords: ADMINISTRATIVE LAW - Orders sought under s 37AF of the Federal Court of Australia Act 1976 (Cth) to prevent prejudice to the proper administration of justice - suppression and non-publication orders - judicial comity

Legislation: Federal Court of Australia Act 1976 (Cth), s 37AF Family Court Act 1980 (NZ), ss 11B, 11D Trans-Tasman Proceedings Act 2010 (Cth)

Cases cited: LFDB v SM [2015] FCA 725 LFDB v SM (No 2) [2015] FCA 1013 LFDB v SM [2011] FMCA 892

Date of hearing: 14 March 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 6

Counsel for the Applicants: Mr P Herzfeld

Solicitor for the Applicants: O'Neill Partners Commercial Lawyers

Counsel for the Respondent: Dr C Ward SC

Solicitor for the Respondent: Marque Lawyers

ORDERS NSD 1665 of 2015

BETWEEN: LFDB (and others named in the Schedule) First Applicant AND: SM Respondent

JUDGE: GRIFFITHS J DATE OF ORDER: 14 MArch 2016

THE COURT ORDERS THAT:

1. Pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth), on the ground that the orders are necessary to prevent prejudice to the proper administration of justice, and in accordance with paragraph 183 of the decision of Ellis J of the High Court of New Zealand, registered in proceedings NSD1665 of 2015 at orders 35, 36, 37 to 40, the Court orders as follows: (a) the permanent suppression of the parties' names and any other information that could identify SM, including her occupation, employment, history and health, howsoever (to be described as the identifying information), whether in the proceedings or in any related proceedings or otherwise; (b) the prohibition of any publication past, present, future, of any identifying information so defined; (c) subject to paragraphs 1(d), 1(e) and 1(f) below, the confidential exhibit shall not be published and be placed in a sealed envelope; (d) any reference to any person / property / judgment listed in column B of the confidential exhibit, which is attached to these orders, must be by their respective pseudonym listed in column A of that exhibit; (e) leave is granted for SM to disclose any part of the confidential exhibit as and when necessary for enforcing orders made in the proceedings or any related proceedings; (f) the prohibition of any recipient of the confidential exhibit from further disclosing the confidential exhibit without SM's written consent; (g) the suppression of the originating application and the two affidavits of LFDB, filed on 12 February 2016 in this Court, and the notice of appearance, filed on 2 March 2016 in this Court, on the basis that they disclose details identified at paragraph 1(a) above; and (h) the applicants to re-file the originating application and two affidavits of LFDB, filed on 12 February 2016, and the notice of appearance, filed on 2 March 2016, with the identifying details of the parties amended in accordance with the above suppression regime. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.