Smith v Jones (No. 2) [2022] NSWSC 1321

Supreme Court New South Wales

Medium Neutral Citation: Smith v Jones (No. 2) [2022] NSWSC 1321 Hearing dates: 16 September 2022 Date of orders: 29 September 2022 Decision date: 29 September 2022 Jurisdiction: Common Law Before: Lonergan J Decision: The plaintiff's application for suppression of her identity is refused and her notice of motion filed 5 September 2022 is dismissed with costs. Catchwords: CIVIL PROCEDURE – suppression and non-publication – whether necessary to make order pursuant to the Court Suppression and Non-publication Orders Act 2010 (NSW) to suppress the identity of the plaintiff – whether orders are necessary to prevent prejudice to the proper administration of justice – whether orders are necessary to protect the safety of the plaintiff – order not made Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: AB (A Pseudonym) v R (No 3) (2019) 97 NSWLR 1046; [2019] NSWCCA 46 A Lawyer (a pseudonym) v Director of Public Prosecutions NSW; Nationwide News Pty Limited v A Lawyer (a pseudonym) [2020] NSWSC 1713 Smith v Jones [2022] NSWSC 1191 Welker and Ors v Rinehart [2011] NSWSC 1094 Category: Procedural rulings Parties: Helen Smith (Plaintiff) Stephen Jones (Defendant) Representation: Counsel: K Balendra (Plaintiff) E Anderson (Defendant)

Solicitors: Melinda Griffith Lawyers (Plaintiff) Wyatts Lawyers and Advisors (Defendant) File Number(s): 2021/00176194 Publication restriction: These proceedings referred in detail to aspects of proceedings between the parties under the Family Law Act 1975 (Cth). It is an offence contrary to s 121 of that Act to publish information that identifies persons in connection with such proceedings. In order to maintain the efficacy of that protection, pseudonym orders have been made in these proceedings to prohibit the identification of the person concerned in the Family Law proceedings. Those orders were made on 24 October 2022.