McLachlan v Browne & Fairfax Media Publications Pty Ltd; McLachlan v Browne & Australian Broadcasting Corporation (No 4) [2018] NSWSC 940

Supreme Court New South Wales

Medium Neutral Citation: McLachlan v Browne & Fairfax Media Publications Pty Ltd; McLachlan v Browne & Australian Broadcasting Corporation (No 4) [2018] NSWSC 940 Hearing dates: 8 June 2018 Decision date: 08 June 2018 Jurisdiction: Common Law Before: McCallum J Decision: 1. Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), on the grounds set out in sub-sections 8(1)(a) and 8(1)(e) of the Act, that disclosure of the affidavit of Marina Olsen affirmed 24 May 2018 be restricted to: a. The Court; b. The parties to these proceedings; and c. The legal representatives retained by the parties in these proceedings.

2. Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), on the grounds set out in sub-sections 8(1)(a) and 8(1)(e) of the Act, that disclosure of the affidavit of Marina Olsen affirmed 29 May 2018 together with confidential Exhibits 1 and 2 to be restricted to: a. The Court; b. The parties to these proceedings; and c. The legal representatives retained by the parties in these proceedings.

Orders 1-4 made in the short minutes handed up:

1. The defendants are granted leave to file an amended defence with the amended defence to be filed on or before 4 pm on 12 June 2018.

2. Order that pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) (the CSNPO Act), on the grounds set out in subsections 8(1)(a) and 8(1)(e) of the CSNPO Act, that no person may publish or cause to be published any matter that contains any particulars (including the contents of paragraphs 53 to 57 and 62 to 63 of the Confidential Annexure to the Amended Defence) likely to lead to the identification of the person referred to in the headings above paragraphs 53 and 62 in the Confidential Annexure to the Amended Defence, as a person against whom an indecent assault and indecent exposure is alleged to have been committed.