NSW Caselaw
Reported Decision : 6 DCLR (NSW) 329
New South Wales District Court
CITATION: AM v Department of Community Sevices (DOCS); ex parte Nationwide News Pty Ltd [2008] NSWDC 16
HEARING DATE(S): 11 February 2008
JUDGMENT DATE: 11 February 2008
EX TEMPORE JUDGMENT DATE : 11 February 2008
JURISDICTION: Civil Jurisdiction (Child Care Appeal)
JUDGMENT OF: Johnstone DCJ at 1
DECISION: I exclude any reporters, including reporters from Nationwide News, from remaining in court during the hearing of these proceedings.
CATCHWORDS: OPEN JUSTICE - Child Care Appeal - application to allow newspaper reporters access to the proceedings - exercise of discretion under s 104C of the Child Care Act where the newspaper had earlier published an article likely to lead to the identification of the children including a photograph of the mother and children, with pixelated faces - the safety, welfare and well-being of the young persons must be the paramount consideration, displacing the common law principle of open justice - court not satisfied that further similar publications were not likely to re-occur - court therefore closed to the media
LEGISLATION CITED: Children and Young Persons (Care and Protection) Act 1998: s 9(a), s 104C, s 105
CASES CITED: John Fairfax & Sons Ltd v Police Tribunal of New South Wales [1986] 5 NSWLR 465 at p 476 R v LMW [1999] NSWSC 1111
AM (Appellant) PARTIES: Department of Community Services (NSW) (Respondent) Nationwide News Pty Ltd (Applicant)
FILE NUMBER(S): 2146/07
Mr T Maltz (for Nationwide News Pty Ltd) Ms A Gibbons (for the mother) COUNSEL: Mr Crompton (for the Department) Ms E Lawson (for the 6 younger children) Mr Parkinson (for the eldest child)
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