D1 v P1 [2012] NSWCA 314

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: D1 v P1 [2012] NSWCA 314 Hearing dates: 30 March 2012 Decision date: 28 September 2012 Before: Bathurst CJ at [1]; McColl JA at [92]; McClellan CJ at CL at [93] Decision: (1) Leave to appeal be granted. (2) Direct the applicants to file the Notice of Appeal in the form of the draft in the White Book within 7 days. (3) Orders of Fullerton J made on 1 March 2012 be varied as follows: (i) By the substitution of 29 March 2013 for 3 August 2012 in pars [2] and [6] of her Honour's orders. (ii) By the addition of the following order: "Grant the parties and the intervenor, Fairfax Media Publications Pty Ltd, liberty to apply to a judge of the Common Law Division to vary the expiry date contained in Orders 2 and 6 of her Honour's orders." (4) Appeal otherwise dismissed. (5) Order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 prohibiting the publication or other disclosure of this judgment and the schedules thereto for a period of 28 days from the date hereof. (6) Direct the applicants within 10 days indicate which part of the judgment and the schedules thereto should continue to be subject to a suppression order following the expiration of the 28 days referred to in Order (5) above. (7) Direct the respondent and Fairfax Media Publications Pty Limited indicate within a further period of 7 days the extent to which they contend those portions of this judgment which the applicants seek to have suppressed beyond the period referred to in Order (5) should not be so suppressed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - Court Suppression and Non-publication Orders Act 2010 (NSW) s 14 - operation of s 14 - nature of appeal - whether de novo appeal