D1 v P1 (No 2)

The case of D1 v P1 (No 2) involved an application before the New South Wales Court of Appeal, constituted by Bathurst CJ, McColl JA, and McClellan CJ at CL. The central dispute concerned the extent to which suppression and non-publication orders should be made in relation to the Court's judgment and related materials, specifically on the grounds that such orders were necessary to protect the safety of a person identified as X.

The Court was required to determine the scope and duration of suppression and non-publication orders under section 7 of the *Court Suppression and Non-publication Orders Act 2010* (NSW). Specifically, the Court had to consider what aspects of its judgment, prior judgments, evidence, and filed documents required suppression or non-publication to safeguard the safety of the person referred to as X, and whether these orders should be subject to exceptions for legal representatives and specific procedural requirements.

The Court reasoned that the safety of the person referred to as X necessitated significant suppression and non-publication orders. It granted an order prohibiting the publication or disclosure of its judgment of 28 September 2012, except to the extent contained in a redacted version, and this order was to remain in force until 29 March 2013 unless extended. Further orders were made to vacate previous orders of Fullerton J and Hidden J. The Court also imposed extensive orders prohibiting the disclosure of evidence, submissions, and filed documents, treating them as confidential on the court file, with specific exceptions for legal representatives to conduct the proceedings, provided strict confidentiality was maintained and copies of the orders were provided to relevant parties. These orders were made on the ground that they were necessary to protect the safety of person X.