Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim [2012] NSWCCA 125

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim [2012] NSWCCA 125 Hearing dates: 20 April 2012 Decision date: 13 June 2012 Before: Bathurst CJ at 1; Basten JA at 10; Whealy JA at 106 Decision: (1) Set aside orders 3, 4 and 5 made by Bennett DCJ in the District Court on 26 March 2012 and the further ancillary and consequential orders made on 28 March 2012. (2) The Court notes that any continued or further publication of material having a tendency to interfere with the administration of justice in respect of the forthcoming trial of the second, third and fourth respondents may, despite the discharge of the orders referred to above, constitute a contempt of court. Catchwords: APPEAL - criminal - whether appeal from suppression order made by District Court in its criminal jurisdiction lies to the Court of Appeal or Court of Criminal Appeal - whether restriction on evidence that can be admitted - whether de novo appeal - Court Suppression and Non-publication Orders Act 2010 (NSW), s 14

CONSTITUTIONAL LAW - inconsistently of State and Commonwealth laws - validity of Court Suppression and Non-publication Orders Act 2010 (NSW) - interaction with Broadcasting Services Act 1992 (Cth) - whether laws are inconsistent

PROCEDURE - interlocutory issues - suppression orders - order made preventing publication of material throughout Australia, including on the internet - whether order is futile - whether order is "necessary" - Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7 and 8

PROCEDURE - power to make an order preventing public access to publicly available material - power to make orders requiring removal of material from web site - power of court to make orders preventing threatened interference with a trial - Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7 and 8