State of New South Wales v Avakian (No 2) [2021] NSWSC 677

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Avakian (No 2) [2021] NSWSC 677 Hearing dates: 20 April 2021 Date of orders: 17 June 2021 Decision date: 17 June 2021 Jurisdiction: Common Law Before: Davies J Decision: (1) Dismiss the plaintiff's notice of motion filed 17 March 2021. (2) The plaintiff is to pay the defendant's costs. (3) The publication restriction in respect of State of New South Wales v Avakian (Preliminary) [2021] NSWSC 245 is lifted. (4) Access to the Supreme Court's file in respect of any document shall not be granted to a non-party without the leave of a judge of the Court, and, if any application for access is made by a non-party in respect of any document, the parties are to be notified by the Registrar so as to allow them an opportunity to be heard in relation to the application of access. Catchwords: HIGH RISK OFFENDER – non-publication order sought by State of NSW – order sought in relation to identification of members of High Risk Offenders Assessment Committee - where provisions of Crimes (High Risk Offenders) Act point against orders being made – where no evidence of threats or risk of harm to members of Committee – where open discussion not inhibited – where nothing in CHRO Act or Government Information (Public Access) Act provides for confidentiality – plaintiff's notice of motion dismissed Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Schedules 1 & 2 Federal Court of Australia Act 1976 (Cth) s 50 Court Suppression and Non-publication Orders Act 2010 (NSW) ss 6, 7, 8, 10 Crimes (Administration of Sentences) Act 1999 (NSW) s 194 Crimes (High Risk Offenders) Act 2006 (NSW) ss 21A, 24AA, 24AB, 24AC, 24AE, 24AF, 24AG. 25D Cases Cited: AB (A Pseudonym) v R (No 3) (2019) 97 NSWLR 1046; [2019] NSWCCA 46 Attorney-General of NSW v Huckstadt (No 2) [2017] NSWSC 595 Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52; [2012] NSWCCA 125 Hogan v Australian Crime Commission (2010) 240 CLR 651; [2010] HCA 21 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 State of New South Wales v Avakian (Preliminary) [2021] NSWSC 245 State of New South Wales v Biber (12 February 2021, Supreme Court of NSW, Button J, unrep). State of New South Wales v Wilmot [2019] NSWSC 1002 Texts Cited: Nil Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Danny Avakian (Defendant) Representation: Counsel: S Climo (Plaintiff) G Lewer (Defendant)