Australian Broadcasting Corporation v Local Court of NSW

The case involved the Australian Broadcasting Corporation, which sought leave to appeal against non-publication and suppression orders issued by the Local Court of New South Wales under the Court Suppression and Non-Publication Orders Act 2010. The orders were made in relation to an application by the State Crime Commission to suppress the publication of information that would identify an informer. The primary legal issue was whether the suppression and non-publication orders were necessary to prevent prejudice to the proper administration of justice. The court also had to consider the public interest in preserving the confidentiality of informers and the need for sufficient particularity in the orders.

The court found that the orders were not necessary to prevent prejudice to the proper administration of justice. It held that the suppression orders replicated a statutory provision and that there was a public interest in open justice. The court emphasised the need for orders to be sufficiently particular, and it found that the orders in question did not meet this requirement. The court concluded that the orders were not necessary to achieve their intended purpose and, therefore, should be set aside.

The court granted leave to appeal and set aside the non-publication and suppression orders. It found that the public interest in open justice and the need for particularity in the orders outweighed the interest in preserving the confidentiality of the informer. The orders were deemed to be an overreach and not justified under the circumstances.