Re Christopher [2017] NSWSC 318

Supreme Court New South Wales

Medium Neutral Citation: Re Christopher [2017] NSWSC 318 Hearing dates: 14 July 2017 Date of orders: 18 July 2017 Decision date: 18 July 2017 Jurisdiction: Equity Before: Rein J Decision: See [43] Catchwords: MEDIA AND COMMUNICATIONS — Publication — Non-publication order — Children and Young Persons (Care and Protection) Act 1998 (NSW) – These proceedings concern the publication of material concerning a child who was removed from the care of his parents in 2017. The Defendants published material concerning the child (including on Facebook) which identified the child as well as caseworkers and medical practitioners involved in the child's treatment – the Court considered whether the material published by the Defendants breached s 105 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) and breached orders made by the Children's Court prohibiting publication of information that would identify the child, whether the Defendants failed to remove the material after being requested to do so, and whether this Court has the power to order the Defendants to remove the offending material and if it should exercise that power – Held: this Court has the power to order removal of the material and the Defendants were ordered to remove the offending material and were injuncted from any further publication. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Last v Rosenfield [1972] 2 NSWLR 923 Re Alan (2008) 71 NSWLR 573 Re M v Department of Community Services (No 3) [2013] NSWSC 552 Re Victoria; Director-General, Dept Of Community Services V Children's Court (NSW) [2002] NSWSC 647; (2002) 29 Fam LR 157 Secretary, Department of FACS v Smith [2016] NSWSC 1384 and [2017] NSWSC 6 Secretary, Department of Health and Community Services v JWB and SMB (1991) 175 CLR 218 Texts Cited: Heydon, Leeming and Turner, Meagher, Gummow, & Lehane's Equity, (Lexis Asia Pacific) Category: Principal judgment Parties: Secretary, Department of Family and Community Services (Plaintiff) Paul Burton (First Defendant) Andrew Katelaris (Second Defendant) Representation: Mr C McGorey of Counsel (Plaintiff) Paul Burton (First Defendant) Andrew Katelaris (Second Defendant)