Burton v Secretary, Department of Family and Community Services

In *Burton v Secretary, Department of Family and Community Services*, the Court of Appeal of New South Wales considered an application for leave to appeal interlocutory orders made by the Children's Court. These orders had restrained and prohibited the publication of information that identified a child involved in care proceedings, as well as persons and information associated with that case. The central tension was between the public interest in open justice and the need to protect the privacy of children involved in such proceedings.

The Court of Appeal was required to determine whether leave to appeal should be granted against the interlocutory publication orders. This involved assessing whether there was a sufficient question of law to be argued on appeal, particularly in light of the principles of open justice and the specific protections afforded to children in the care system.

Gleeson and McCallum JJA, in dismissing the summons for leave to appeal, reasoned that the interlocutory orders made by the Children's Court were appropriate in balancing the competing interests. The Court acknowledged the importance of open justice but found that the need to protect the identity of the child and associated persons in this specific context outweighed the general principle of open court. The Court extended the time for filing the summons seeking leave to appeal to 13 September 2018, but ultimately dismissed the summons with costs.