Australian Broadcasting Corporation v Local Court of NSW [2014] NSWSC 239

Supreme Court New South Wales

Medium Neutral Citation: Australian Broadcasting Corporation v Local Court of NSW [2014] NSWSC 239 Hearing dates: 12 March 2014 Decision date: 18 March 2014 Jurisdiction: Common Law Before: Adamson J Decision: (1) Grant leave to appeal the orders made by Stoddart LCM on 23 October 2013 and the pseudonym order made on 4 December 2013. (2) Set aside orders 2, 4(b) and 6 made by Stoddart LCM on 23 October 2013. (3) Set aside the pseudonym order made by Stoddart LCM on 4 December 2013. (4) Direct that any party who, or which, applies for a costs order to make any such application in writing within seven days to my Associate. (5) Note that any continued or further publication of the Draft Child Death Report referred to in these reasons may, despite the setting aside of the orders made by Stoddart LCM referred to above, constitute a breach of s 254(1) of the Children and Young Persons (Care and Protection) Act. Catchwords: APPEAL - Leave to appeal from non-publication and suppression orders made under the Court Suppression and Non-Publication Orders Act 2010 (NSW) and pseudonym orders

SUPPRESSION ORDERS - whether suppression and non-publication orders were necessary to prevent prejudice to the proper administration of justice - public interest in preserving confidentiality of informers - suppression orders that replicate statutory provision - public interest in open justice - need for sufficient particularity - orders not "necessary" - set aside Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 29, s 254 Children (Criminal Proceedings) Act 1987 (NSW), s 15A, s 15B, s 15E Court Suppression and Non-publication Orders Act 2010 (NSW), s 3, s 6, s 7, s 8, s 9, s 11, s 14 Crimes (Appeal and Review) Act 2001 (NSW), s 52, s 53 Jury Act 1977 (NSW), s 53A, s 53C, s 68C Cases Cited: Application by John Fairfax Publications Pty Limited re MSK, MAK, MMK and MRK [2006] NSWCCA 386 Attorney-General for the State of NSW v X [2000] NSWCA 199; 49 NSWLR 653 D v National Society for the Prevention of Cruelty to Children [1978] AC 171 Ex parte Bread Manufacturers Limited: re Truth and Sportsman Limited (1937) 37 SR (NSW) 242 Fairfax Digital Australia and New Zealand Pty Limited v Ibrahim [2012] NSWCCA 125; 83 NSWLR 52 Hinch v Attorney- General (Victoria) [1987] HCA 56; 164 CLR 15 John Fairfax Publications Pty Ltd v District Court of NSW [2004] NSWCA 324; 61 NSWLR 344 John Fairfax & Sons v Police Tribunal (1986) 5 NSWLR 465 Marks v Beyfus (1890) 25 QBD 494 Rinehart v Welker [2011] NSWCA 403 Category: Interlocutory applications Parties: Australian Broadcasting Corporation (Plaintiff) Local Court of New South Wales (First Defendant) Director of Public Prosecutions (Second Defendant) Tamie Apps (Third Defendant) Director-General of the Department of Family and Community Services (Fourth Defendant) Representation: Counsel: MA Polden (Plaintiff) T Molomby SC (Third Defendant) B Baker (Fourth Defendant) Solicitors: Rob Simpson, Australian Broadcasting Corporation (Plaintiff) Kernaghan & Associates Lawyers (Third Defendant) I V Knight, Crown Solicitor (Fourth Defendant) File Number(s): 2013/350723 Publication restriction: Nil