NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Batt-Rawden v CXD4 [2024] NSWSC 1247 Hearing dates: 18 September 2024 Date of orders: 18 September 2024 Decision date: 18 September 2024 Jurisdiction: Common Law Before: Garling J Decision: See [23] Catchwords: CIVIL PROCEDURE – Suppression and non-publication orders – Application by the defendant for suppression orders and pseudonym orders – Where the cause of action arises out of conduct which was the subject of criminal proceedings – Where the criminal proceedings were dealt with on the basis that the victim and the defendant were under the age of 18 and fell within the definition of a child within the meaning of the Children (Criminal Proceedings) Act 1987 – Whether the suppression orders and pseudonym orders are necessary for the interests of justice – Application granted. MEDIA AND COMMUNICATIONS – Publication – Court Suppression and Non-Publications Orders Act – Where publicity concerning the criminal proceedings may have identified the defendant – Whether the suppression orders and pseudonym orders are necessary for the interests of justice – Application granted. Legislation Cited: Court Suppression and Non-Publications Orders Act 2010 Limitation Act 1969 Children (Criminal Proceedings) Act 1987 Cases Cited: Rinehart v Welker [2011] NSWCA 403 Texts Cited: Not Applicable Category: Principal judgment Parties: Andrew Batt-Rawden (P) CXD4 (D) Representation: Counsel: M Keaney (P) J Downing SC (D)
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