BYM v The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane (No 1)

The case BYM v The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane (No 1) involved an adult plaintiff, BYM, who sought damages for personal injuries sustained from alleged sexual abuse when she was a child. The defendant was the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane. The primary issue before the court was whether a non-publication order should be made to protect the plaintiff's identity and that of the alleged perpetrator, who was also a witness in the proceeding. This decision was influenced by the provisions of the Child Protection Act 1999 (Qld) and the Criminal Law (Sexual Offences) Act 1978 (Qld).

The court was required to balance the plaintiff's right to privacy and the public interest in open justice. Under section 194 of the Child Protection Act, the court could make a non-publication order to protect the identity of the plaintiff and witnesses if it was in the interests of justice and the welfare of the child. The court also considered the impact on the alleged perpetrator, who was a witness in the proceeding, and whether the court had the power to make a non-publication order under the Criminal Law (Sexual Offences) Act. The court had to decide if the identification of the alleged perpetrator could be protected without compromising the plaintiff's right to a fair trial.

The court vacated the non-publication order made on 27 November 2023 and made a new order that, subject to certain exceptions, identifying information about the plaintiff must not be published. The court also ordered that the name and other identifying information of the alleged perpetrator, who was a witness in the proceeding, must not be published or disclosed, except for specific exceptions such as conducting the proceeding and any appeal, investigations into complaints made to the Queensland Police Service, and disclosures required or authorised by law. These orders aimed to balance the need to protect the plaintiff's identity and the welfare of the child while allowing the proceeding to proceed fairly.