A Lawyer (a pseudonym) v Director of Public Prosecutions NSW; Nationwide News Pty Limited v A Lawyer (a pseudonym) [2020] NSWSC 1713

Supreme Court New South Wales

Medium Neutral Citation: A Lawyer (a pseudonym) v Director of Public Prosecutions NSW; Nationwide News Pty Limited v A Lawyer (a pseudonym) [2020] NSWSC 1713 Hearing dates: 5, 10 November 2020 Date of orders: 2 December 2020 Decision date: 02 December 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) In Proceedings 2020/294356, the amended summons filed in Court on 14 October 2020 is dismissed subject to: (a) the interim orders I made on 14 October 2020, in relation to these Supreme Court proceedings and the criminal proceedings involving the Plaintiff, are extended until 9 December 2020 or further order of the Court. (2) In Proceedings 2020/297599, the summons filed on 16 October 2020 is dismissed. (3) I make an order under s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) prohibiting the publication of any information tending to reveal the identity of the Second, Third and Fourth Defendants in Proceedings 2020/297599 in connection with these Supreme Court proceedings. Catchwords: CRIMINAL PROCEDURE — Suppression and non-publication orders — Appeals pursuant to s 14 of the Court Suppression and Non-publication Orders Act 2010 (NSW) heard together — Leave to appeal — Grounds — Safety ground under s 8(1)(c) — Whether orders necessary to protect the safety of any person — Calculus of risk approach —— Meaning of "any person" — Meaning of "necessary" — Meaning of "safety" — Risk of self-harm arising from aggravation of pre-existing psychiatric illnesses due to media reporting — Relevance of alternative actions that might be taken in response to risk — Relevance of fairness and accuracy in media reporting Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8, 9, 13, 14 Crimes Act 1900 (NSW), ss 61J, 578A Cases Cited: AB (A Pseudonym) v R (No 3) (2019) 97 NSWLR 1046; [2019] NSWCCA 46 D1 v P1 [2012] NSWCA 314 Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52; [2012] NSWCCA 125 Hamzy v R [2013] NSWCCA 156 Hogan v Hinch (2011) 243 CLR 506; [2011] HCA 4 John Fairfax & Sons Ltd v Police Tribunal (NSW) (1986) 5 NSWLR 465 John Fairfax Publications Pty Ltd & Anor v District Court of NSW & Ors (2004) 61 NSWLR 344; [2004] NSWCA 324 Lacey v Attorney-General (Qld) (2011) 242 CLR 573; [2011] HCA 10 Liu v Fairfax Media Publications Ltd [2018] NSWCCA 159 R v AB (No 1) (2018) 97 NSWLR 1015; [2018] NSWCCA 113 Raybos Australia Pty Ltd v Jones (1985) 2 NSWLR 47 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 Category: Principal judgment Parties: Proceedings 2020/294356 A Lawyer (a pseudonym) (Plaintiff) Director of Public Prosecutions NSW (Defendant) Nationwide News Pty Limited (First Intervener) Fairfax Media Publications Pty Ltd (Second Intervener)