Council of the Law Society of New South Wales v XX (No 4)

The matter before the Court was an application by the Law Society of New South Wales seeking to extend suppression and non-publication orders in relation to the conviction of a solicitor who had defrauded his clients of a substantial sum of money. The solicitor had been convicted on five counts contrary to section 192E of the Crimes Act 1900 (NSW) and was currently serving a sentence of imprisonment. The Law Society had previously obtained orders that were due to expire and sought to extend them on the basis that the defendant suffered from Bipolar I Disorder and there was a risk of self-harm if the orders were lifted.

The legal issues before the Court were whether the orders were reasonably necessary to protect the defendant’s safety and whether they should be extended until the end of the defendant’s sentence or until 18 months following his release on parole. The Court noted that the defendant was unlikely to be the subject of media interest following his release from custody and that the media had already published articles without naming the defendant due to the existing orders.

The Court found that the orders were reasonably necessary to protect the defendant’s safety and that they should be extended until 18 months following his release from custody on parole. The Court noted that the defendant’s psychiatric illness and the risk of self-harm were significant factors in its decision, and that the media interest in the case was likely to be minimal following the defendant’s release from custody. The Court also noted that the orders were necessary to prevent the defendant from becoming the subject of media attention and to protect his safety.

The Court made orders extending the suppression and non-publication orders until 18 months following the defendant’s release from custody on parole. The orders prohibited the publication of any material that would identify the defendant or reveal that he was the subject of the orders. The Court noted that the orders were necessary to protect the defendant’s safety and to prevent him from becoming the subject of media attention.