Prothonotary of the Supreme Court of NSW v Dowling [2017] NSWSC 392

Supreme Court New South Wales

Medium Neutral Citation: Prothonotary of the Supreme Court of NSW v Dowling [2017] NSWSC 392 Hearing dates: 6 April 2017 Decision date: 06 April 2017 Jurisdiction: Common Law Before: Adamson J Decision: See par [12] Catchwords: PRACTICE AND PROCEDURE – whether non-disclosure order in respect of Particulars Document should be made in the Court's inherent jurisdiction

PRACTICE AND PROCEDURE – whether appropriate for interstate Judge to be appointed to hear proceedings for contempt in this Court – relevant principles Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7, s 10, s 13 Category: Procedural and other rulings Parties: Prothonotary of the Supreme Court of New South Wales (Plaintiff) Shane Dowling (Defendant) Representation: Counsel: A Mitchelmore (Plaintiff) Defendant in person

Solicitors Crown Solicitors for NSW: File Number(s): 2017/94322

Judgment: EX TEMPORE

Introduction 1. This matter came before me today, as Duty Judge, for directions and for the listing of the proceedings for contempt against the defendant brought by the Prothonotary of the Supreme Court of New South Wales.

The plaintiff's evidence 1. The plaintiff, for whom Ms Mitchelmore appeared, sought, and was granted, leave to file in court the affidavit evidence on which the plaintiff proposes to rely at the hearing of this matter, being the affidavit of Richard Michael Keegan sworn 5 April 2017; the affidavit of Jillian Caldwell sworn 5 April 2017 and an exhibit JC1 to an earlier affidavit of Ms Caldwell, which is also annexed to the affidavit which was filed. 2. Ms Mitchelmore also handed up a document entitled "Particulars Document" which is the statement of charge referred to in the summons filed on the 27 March 2017. I have marked the Particulars Document for identification, MFI 2.