Lew v Priester (No 2)

In the case of Lew v Priester (No 2), the plaintiffs applied for non-publication orders under section 18 of the Supreme Court Act 1986 (Vic) and the inherent jurisdiction of the Court, seeking to limit the publication of information relating to the proceedings in the Supreme Court to match the restrictions imposed by the Family Court under section 121 of the Family Law Act 1975 (Cth). The application arose from concerns about alleged misreporting of the proceedings in the media, particularly regarding the welfare of the children involved. The plaintiffs argued that parity between the confidentiality protections in the Family Court and the Supreme Court proceedings was necessary to prevent prejudice to the proper administration of justice and to safeguard the physical safety of the individuals concerned.

The court was required to determine whether the circumstances warranted a non-publication order and whether the evidence provided was sufficient to meet the high threshold of necessity. The court examined the principles of open justice and the need for exceptional circumstances to justify restricting publication. It considered the evidence presented, the necessity of the order, and the impact on the welfare of the children and the administration of justice. The court also looked at the meaning of the word “necessary” within the context of the relevant legislation.

After reviewing the evidence and arguments, the court concluded that the plaintiffs had not demonstrated that it was necessary to impose non-publication orders. The court found that the existing restrictions in the Family Court proceedings were sufficient to protect the welfare of the children and the proper administration of justice. The court emphasised that such orders should only be made in exceptional circumstances and that the evidence must be cogent and probative. Therefore, the application for non-publication orders was dismissed.