AB (a pseudonym) v CD (a pseudonym)

This matter concerned an application before Nettle J of the High Court of Australia for suppression and non-publication orders. The applicant, identified as AB, sought these orders in circumstances where there was an alleged acute risk of harm to persons associated with a party to the proceeding. The core of the dispute revolved around whether a non-publication order was necessary to protect the safety of these individuals.

The legal issues before the Court were whether the conditions for making a non-publication order under the Judiciary Act 1903 (Cth) were met, specifically concerning the necessity to protect the safety of a person or persons. The Court was required to balance this necessity against the public interest in open justice and ensure that any such order operated for no longer than was necessary.

Nettle J reasoned that it was necessary to make an order to protect the safety of HI and JK. His Honour considered the seriousness of EF's past conduct and the potential for retribution from individuals who might seek revenge. Taking into account the ages of HI and JK and the potential for some individuals to remain incarcerated for a period, Nettle J concluded that the order should remain in effect until the publication of the final report of the Royal Commission into the Management of Police Informants, and thereafter for a minimum of 15 years. The Court made orders accordingly, pursuant to s 77RE(1)(a) of the Judiciary Act, finding that the non-publication order was necessary to protect the safety of persons within the meaning of s 77RF(1)(c) of the Act.