Brown and Brown (No. 3)

[2007] FamCA 1639

FAMILY COURT OF AUSTRALIA

BROWN & BROWN (NO. 3)             [2007] FamCA 1639

FAMILY LAW – PRACTICE AND PROCEDURE – NON-PUBLICATION ORDERS - Applications by several parties to concluded litigation to continue an order made by one judge for suppression of the reasons for judgment of another judge who disqualified himself from hearing any further proceedings – first judge’s suppression order directed removal of reasons from court file, to be placed in a sealed envelope and held in a secure place as well as removal from the court’s intranet and website or related publications - power to make the order sought by the applicants – scope of s 121 – exercise of power in circumstances of this case - issue of risk of identification of parties – issue of content of reasons – extraneous, irrelevant and unnecessary commentary argued to be prejudicial and damaging directly to the lawyers and indirectly to their clients and perpetuates an irremediable injustice from which there is no recourse – reasons to be edited to provide anonymity and otherwise applications dismissed.

Family Law Act 1975 (Cth)

APPLICANT:   Brown Holdings & Others

2nd APPLICANT:   Mr Brown

3rd APPLICANT:   Mrs Brown

FILE NUMBER:   SYF     9777   of       1992

DATE DELIVERED:   21 December 2007

PLACE DELIVERED:   Sydney

PLACE HEARD:   Sydney

JUDGMENT OF:   Moore J

HEARING DATE:   29 November 2007

REPRESENTATION

COUNSEL FOR APPLICANTS              Mr Sheahan SC with Mr Keamey

SOLICITORS FOR APPLICANTS:                   []

ORDERS

1. The applications filed on 21 and 22 November 2007 are dismissed save that the court edited version of Brown and Brown [2007] FamCA 493 is to be further edited to comply with the reasons for judgment delivered this day.

1. The applicants are at liberty to lodge a copy of the court edited judgment referred to in order 1 reflecting the ruling in order 1 provided it is lodged no later than 31 January 2008.

1. The operation of order 1 and publication of the reasons for judgment delivered this day are stayed until 4pm 31 January 2008.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice Moore delivered this day will for all publication and reporting purposes be referred to as Brown and Brown

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYF 9777 of 1992

Brown Holdings & Others
Applicant

And

Mr Brown
2nd Applicant

And

Mrs Brown
3rd Applicant

REASONS FOR JUDGMENT

Applications

1. These are unusual applications. All applicants are united in seeking the same orders, there is no respondent against whom orders are sought and it follows there is no contradictor.

1. The applicants are five companies, the husband and his current wife, all of whom were parties to proceedings now completed. The other party to those proceedings was the husband's former wife. Counsel representing her appeared when the matter was called but withdrew after indicating she did not wish to participate or be heard.

1. The application relates to the suppression, alternatively the editing, of reasons for judgment delivered by O’Ryan J disqualifying himself from hearing further proceedings between…