E v Se

The plaintiff sought to commence proceedings against the defendants in the Supreme Court of South Australia while being charged with criminal offences. The plaintiff sought an order that the proceedings be conducted anonymously, including suppression of the fact of the proceedings and the names of the parties, as well as an extension of time to serve the summons on the defendants. The plaintiff submitted that the defendants would be required to give evidence in the plaintiff’s criminal proceedings and that publication of the fact of the civil proceedings and the parties’ names would prejudice the plaintiff’s criminal trial.

The court considered whether making a suppression order and granting an extension of time to serve the summons was in the interests of the proper administration of justice. The court held that the defendants would likely be required to give evidence in the criminal proceedings against the plaintiff and that service of the summons and publication of the proceedings would likely prejudice the plaintiff’s criminal trial. The court also held that the defendants’ rights to a fair trial would be prejudiced if the summons was served and the proceedings were not conducted anonymously.

Accordingly, the court made an order that the proceedings be conducted anonymously, including suppression of the fact of the proceedings and the names of the parties. The court also made an order that the time to serve the summons be extended. The parties were directed to lodge and serve further documents confidentially.