GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore

The appellant, The Trustees of the Roman Catholic Church for the Diocese of Lismore, applied to the High Court of Australia for non-publication and suppression orders. The application concerned the identity of the appellant and other individuals identified in court materials as alleged victims of sexual abuse. The respondent, GLJ, was also a party to the proceedings.

The central legal issue before the Court was whether to grant the appellant's application for non-publication and suppression orders, and if so, the scope and duration of such orders. This required the Court to consider the provisions of the Judiciary Act 1903 (Cth), particularly sections 77RE, 77RF, 77RD, 77RG, and 77RI, which govern the Court's power to make such orders, the grounds upon which they may be made, the importance of open justice, and the requirements for particularity and duration.

The Court reasoned that while a primary objective of the administration of justice is to safeguard the public interest in open justice, this must be balanced against other considerations. In this instance, the Court was satisfied that the orders sought were necessary to prevent prejudice to the proper administration of justice. This was based on the potential for serious psychological harm to alleged victims of child sexual abuse if their identities were disclosed against their wishes, and the risk that such disclosure could deter other potential victims from coming forward. The Court noted that equivalent orders had been made in lower courts.

The Court made orders pursuant to s 77RE of the Judiciary Act, specifying that a particular individual be referred to by the pseudonym "CWA", that the identity of the appellant and any other person alleged to have committed a sexual offence be suppressed, and that no disclosure of information tending to reveal these identities be made, other than as necessary for the conduct of the proceedings. These orders were to operate for a period of 10 years, with liberty reserved to apply for variation. The costs of the application were made costs of the appeal.