Supreme Court
New South Wales
Medium Neutral Citation: AB v Curry & Anor (No. 3) [2015] NSWSC 1677 Hearing dates: 23 October 2015 Decision date: 23 October 2015 Jurisdiction: Equity Before: White J Decision: Refer to para [34] of judgment.
Catchwords: PRACTICE AND PROCEDURE – suppression and non-publication orders – redaction of Court’s published reasons for decision – identification of complainant in sexual abuse offence proceedings – plaintiff had adduced evidence relating to her physical and sexual abuse while in foster care in support of her family provision application – no suppression or non-publication orders were sought at trial – plaintiff sought removal or redaction of Court’s reasons after they had been published – reasons identified the plaintiff and the circumstances surrounding her foster care, but not the alleged offender – where police are investigating the plaintiff’s allegations of abuse, but no criminal proceedings have been commenced – where defendants’ counsel published a copy of the Court’s reasons on his website – whether it is necessary to remove or redact the Court’s reasons in order to prevent prejudice to the proper administration of justice – consideration of principles of open justice – consideration of the policy underlying s 578A of the Crimes Act 1900 (NSW) in relation to publication of information identifying complainants in sexual abuse offence proceedings – held, allowing the application in part and ordering the removal of the Court’s reasons and their replacement with redacted reasons, that while s 578A does not apply, the policy underlying that section informs what is necessary for the proper administration of justice Legislation Cited: Children (Care and Protection) Act 1987 (NSW)
Children and Young Persons (Care and Protection) Act 1998 (NSW)
Court Suppression and Non-Publication Orders Act 2010 (NSW)
Crimes Act 1900 (NSW)
Royal Commissions Act 1923 (NSW)Cases Cited: D1 v P1 (No 2) [2012] NSWCA 440
John Fairfax & Sons Ltd v Police Tribunal (NSW) (1986) 5 NSWLR 465
John Fairfax Publications Pty Ltd v District Court of New South Wales [2004] NSWCA 324; (2004) 61 NSWLR 344
Rinehart v Welker [2011] NSWCA 403Category: Procedural and other rulings Parties: AB (Plaintiff)
Aileen Esme Curry (1st Defendant)
Juliet Anna Greentree (2nd Defendant)Representation: Counsel:
Solicitors:
In person via telelink
L Clarke (Defendants)
John Hollier, Solicitor (Plaintiff)
Stuart, Cook & Braham (Defendants)
File Number(s): 2014/215475
Judgment
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HIS HONOUR: This is an application by the plaintiff brought by notice of motion filed on 19 October 2015. She seeks an order that "the Court withdraw the publication of the judgements in this matter of 22 July 2015 and 28 August 2015". She otherwise seeks such further or other order as the Court thinks fit.
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The plaintiff's claim was for a family provision order in relation to the estate of her former foster mother. As part of her claim, the plaintiff swore an affidavit in which she went into considerable detail about her relations with her foster parents from when she was four until she was 16. She gave evidence,…
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- AGLC
- AB v Curry (No. 3) [2015] NSWSC 1677
- Case
- [2015] NSWSC 1677
- Decision Date
CaseChat Overview and Summary
The court was required to balance the need for transparency and the open administration of justice with the potential prejudice to AB if her identity and the details of her case were made public. The court considered the principles of open justice, which are fundamental to the Australian legal system, but also recognised the policy behind section 578A, which aims to protect complainants in sexual abuse proceedings from harm caused by the publication of their identity. Although section 578A did not strictly apply to this case, the court found that its underlying policy was relevant to the decision at hand. The court held that it was necessary to ensure that the reasons for decision were redacted to protect AB's identity and the circumstances surrounding her foster care, while still allowing for the reasons to be published to maintain the principles of open justice.
In its decision, the court allowed the application in part and ordered that the published reasons be removed and replaced with redacted reasons. The court recognised the importance of maintaining the integrity of the legal process while also protecting individuals from potential harm. By ordering the redaction of the reasons, the court aimed to strike a balance between these competing interests. The final order was that the published reasons for decision were to be replaced with redacted reasons, ensuring that AB's identity and the sensitive details of her case were protected, while still allowing the reasons to be available for legal and procedural purposes.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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