JB v Regina [2019] NSWCCA 48

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: JB v Regina [2019] NSWCCA 48 Hearing dates: 11 February 2019 Date of orders: 20 March 2019 Decision date: 20 March 2019 Before: Bathurst CJ at [1]; Hoeben CJ at CL at [34]; Simpson AJA at [35] Decision: (1) Order 6 made on 24 March 2015 in these proceedings is amended by adding at the end the following words: "save that for the proper purposes of any disciplinary processes or proceedings under the Legal Profession Uniform Law (NSW) (and without limiting the generality of the foregoing prohibition on publication) it shall be permissible to disclose: (a) the fact that the said person provided assistance to police in respect of the proceedings against JB and the investigation that led to those proceedings; and (b) the fact that the said person provided assistance to police in respect of other matters (but not the number of other matters, nor any information about those matters or their nature)." Catchwords: CRIMINAL PROCEDURE – suppression and non-publication orders – variation – whether Bar Council had standing to bring an application for review – whether denial of procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Criminal Appeal Act 1912 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) (2009) 239 CLR 27; [2009] HCA 41 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2018) 262 CLR 157; [2018] HCA 3 Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378; [2012] HCA 56 JB v R (No 2) [2016] NSWCCA 67 JB v R [2012] NSWCCA 12 JB v R [2015] NSWCCA 382 JB v The Queen [2013] HCA Trans 28 Category: Consequential orders (other than Costs) Parties: The Council of the New South Wales Bar Association (applicant) Mr Terrance Thorpe (first respondent) Commissioner of Police (second respondent) Representation: Counsel: M Johnston SC (applicant) P Menzies QC with B K Nolan (first respondent) P Singleton (second respondent)