Australian Broadcasting Corporation v L

Case

[2005] NTCA 7

18 November 2005


Details
AGLC Case Decision Date
Australian Broadcasting Corporation v L [2005] NTCA 7 [2005] NTCA 7 18 November 2005

CaseChat Overview and Summary

The Australian Broadcasting Corporation sought to set aside a suppression order made by the Supreme Court of the Northern Territory. The suppression order had been made in relation to the publication of the name of a respondent, L, in connection with a charge of possession of child pornography. L was also facing a separate charge of sexual assault. The suppression order was made to protect the interests of the administration of justice in connection with the sexual assault proceedings. The Supreme Court had determined that there was a realistic possibility of prejudice to L's ability to receive a fair trial in relation to the sexual assault proceedings unless the suppression order was made. The appeal was dismissed and the suppression order remained in force. The suppression order was validly made by the Supreme Court in its original jurisdiction. The Supreme Court had the power to make the order under s 57 of the Evidence Act. The order was made in the interests of the administration of justice in connection with the sexual assault proceedings. The order was desirable to prohibit the publication of the name of a party to a proceeding before the court.
Details

Areas of Law

  • Civil Litigation & Procedure

  • Evidence Law

Legal Concepts

  • Standing

  • Discovery & Disclosure

  • Abuse of Process

  • Admissibility of Evidence

  • Res Judicata

  • Jurisdiction

  • Limitation Periods

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