GNU v Trustees of the Christian Brothers

[2025] NSWSC 1253

Supreme Court

New South Wales

Medium Neutral Citation:

GNU v Trustees of the Christian Brothers [2025] NSWSC 1253

Hearing dates:

16 October 2025

Date of orders:

16 October 2025

Decision date:

16 October 2025

Jurisdiction:

Common Law

Before:

Cavanagh J

Decision:

(1)   Leave be granted to commence and continue proceedings by a pseudonym.

(2) The true identities of the plaintiff and other child witnesses referred to in the proceedings be referred to by pseudonym pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), together with any evidence, submission, discussion, document or information that might facilitate identification of the true identity of the plaintiff and other child witnesses referred to in the proceedings, except as might be necessary for the proper conduct of the proceedings, on the following grounds:

(a) the order is necessary to prevent prejudice to the proper administration of justice: s 8(a) of the CSNPO Act;

(b) the order is necessary to protect the safety of a person, namely the Plaintiff and other witnesses referred to in the proceedings: s 8(c) of the CSNPO Act;

(c) the order is otherwise necessary in the public interest and that public interest significantly outweighs the public interest in open justice: s 8(e) of the CSNPO Act.

(3)   There is to be no publication or other disclosure of the real or assumed identities or real or assumed names of the plaintiff and any other witnesses or of any document or evidence that identifies or might facilitate the identification of the assumed names of the plaintiff and any other witnesses, except as is necessary for the proper conduct of the proceedings.

(4) Any description or depiction of the physical and sexual abuse alleged by the plaintiff and any other witnesses be suppressed pursuant to s 7 of the CSNPO Act, on the grounds set out in order 2(a) to (c) above, except as might be necessary for the proper conduct of the proceedings.

(5)   The publication of the names of the plaintiff and other witnesses referred to in the proceedings or any particulars which might enable them to be identified, is prohibited.

(6)   These orders do not operate to prevent reference being made during the course of the proceedings to the identity of plaintiff and other witnesses referred to in the proceedings in closed Court for the proper conduct of the proceedings. For the purposes of references to the witness in open Court, plaintiff and other witnesses referred to in the proceedings may be referred to by pseudonym.

(7)   Orders 2, 3, 4, 5 and 6:

(a)   shall apply throughout the state of New South Wales; and

(b)   shall operate for a period of 50 years.

(8)   No order as to costs.

Catchwords:

CIVIL PROCEDURE – non-publication orders – Court Suppression and Non-publication Orders Act 2010 (NSW), s 7 – consideration of the principle of open justice – consideration of s 578A of the Crimes Act 1900 (NSW) – public policy relevant to the administration of justice that those who complain of sexual offences should not fear coming forward – non-publication orders made – orders relating to closing of Court to be considered by trial judge in this case

Legislation Cited:

Court Suppression and Non-publication Orders Act 2010 (NSW), s 7

Crimes Act 1900 (NSW), s 578A

Cases Cited:

DD v PP [2022] NSWCA 98

Texts Cited:

Nil

Category:

Procedural rulings

Parties:

GNU (Plaintiff)
Trustees of the Christian Brothers (First Defendant)
Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustees for the Chancery Office (Second Defendant)

Representation:

Counsel:
S D Anderson (Plaintiff)
R Head (Second Defendant)

Solicitors:
Hawken Roussi Law (Plaintiff)
Carroll & O’Dea Lawyers (First Defendant)
Wotton Kearney (Second Defendant)

File Number(s):

2025/00378875

Publication restriction:

See ‘Decision’ above.

REVISED EX TEMPORE JUDGMENT

1. This matter comes before the Court today pursuant to a motion filed by the plaintiff dated 14 October 2025 seeking various orders for what may be described as seeking the protection of his identity.

2. He seeks orders that leave be granted to commence and pursue the proceedings by a pseudonym as well as that the identity of him and any other witnesses be referred to by pseudonym pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) (“the CSNPO Act”) and further that there be no publication of any information which might tend to reveal the identity of the plaintiff or any of the witnesses as well as a restriction on any reporting of the nature and extent of the abuse suffered by the plaintiff. In addition the plaintiff seeks that the Court be closed during the hearing of evidence.

3. The first defendant does not appear but I have received an email from the solicitors for the first defendant neither consenting to nor opposing the orders sought. Mr Head appears on behalf of the second defendant and he consents to the orders sought.

4. The plaintiff relies on his own affidavit dated 1 October 2025. He sets out therein the reasons why the order is sought, the nature and extent of the trauma he says he experienced as a result of the events which occurred to him many years ago whilst he was growing up, and the reasons why he has real concerns that without the making of the orders sought what happened to him will become general knowledge in the small community that he lives and works.

5. He refers to the likelihood based on information received from his consulting psychiatrist that public disclosure of his identity would further exacerbate difficulties including difficulties related to the post-traumatic stress disorder from which he says he suffers.

6. Whilst the Court generally operates on a principle of open justice, it is well known that in these types of cases there may be grounds for making orders under the CSNPO Act. Indeed, as set out by White J in DD v PP [2022] NSWCA 98 at [24] and following, s 578A of the Crimes Act 1900 (NSW) generally precludes a person publishing any matter which identifies the complainant in prescribed sexual offence proceedings or any matter which is likely to lead to the identification of the complainant. Of course, that section does not apply to these proceedings because these are not criminal proceedings.

7. However, as his Honour explained in DD v PP, s 578A reflects a public policy relevant to the administration of justice that those who complain of sexual offences should not fear coming forward, lest their identity be revealed.

8. I am satisfied, having regard to the evidence of the plaintiff, both that the disclosure of his identity or the publication of the facts and circumstances that he alleges may have a deleterious effect on his mental health and further impact upon the proper administration of justice in terms of the willingness of other persons to come forward or leading to difficulties in the plaintiff himself giving evidence. As such, I am prepared to permit the proceedings to be pursued by use of pseudonyms and further, make the orders sought in the motion limiting disclosure of the facts and circumstances of the claim or any identities of witnesses including the plaintiff.

9. However, I do not consider that it is appropriate at this stage for an order to be made closing the Court. Use of pseudonyms and non-publication orders generally protects the disclosure of the plaintiff’s identity. That is a different issue from closing the Court. Whether the Court needs to be closed at the time the plaintiff or other witnesses give evidence will be a matter for the trial judge.

10. Other than that, this matter will be managed in the usual way through the use of pseudonyms and having regard to the non-publication orders. An order that the Court be closed may impact upon the general way in which this case is managed. It does not seem necessary that any order such as proposed in par 6 of the motion be made at this stage.

11. In the circumstances, I make the following orders:

1. Leave be granted to commence and continue proceedings by a pseudonym.

2. The true identities of the plaintiff and other child witnesses referred to in the proceedings be referred to by pseudonym pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), together with any evidence, submission, discussion, document or information that might facilitate identification of the true identity of the plaintiff and other child witnesses referred to in the proceedings, except as might be necessary for the proper conduct of the proceedings, on the following grounds:

1. the order is necessary to prevent prejudice to the proper administration of justice: s 8(a) of the CSNPO Act;

2. the order is necessary to protect the safety of a person, namely the Plaintiff and other witnesses referred to in the proceedings: s 8(c) of the CSNPO Act;

3. the order is otherwise necessary in the public interest and that public interest significantly outweighs the public interest in open justice: s 8(e) of the CSNPO Act.

3. There is to be no publication or other disclosure of the real or assumed identities or real or assumed names of the plaintiff and any other witnesses or of any document or evidence that identifies or might facilitate the identification of the assumed names of the plaintiff and any other witnesses, except as is necessary for the proper conduct of the proceedings.

4. Any description or depiction of the physical and sexual abuse alleged by the plaintiff and any other witnesses be suppressed pursuant to s 7 of the CSNPO Act, on the grounds set out in order 2(a) to (c) above, except as might be necessary for the proper conduct of the proceedings.

5. The publication of the names of the plaintiff and other witnesses referred to in the proceedings or any particulars which might enable them to be identified, is prohibited.

6. These orders do not operate to prevent reference being made during the course of the proceedings to the identity of plaintiff and other witnesses referred to in the proceedings in closed Court for the proper conduct of the proceedings. For the purposes of references to the witness in open Court, plaintiff and other witnesses referred to in the proceedings may be referred to by pseudonym.

7. Orders 2, 3, 4, 5 and 6:

1. shall apply throughout the state of New South Wales; and

2. shall operate for a period of 50 years.

8. No order as to costs.

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Decision last updated: 24 October 2025