NORTON & LANDELL (SUPPRESSION OR NON-PUBLICATION ORDERS)

In the matter of *Norton & Landell*, Tree J of the Family Court of Australia considered an application for suppression and non-publication orders concerning ex tempore reasons given in relation to final consent orders. The dispute arose in circumstances where the final consent orders permitted a father, who was a convicted paedophile, to spend time with his young adolescent child. The parties sought these orders to protect the child, the victim of the father's offences, and the mother from potential adverse consequences stemming from their identification through the published reasons.

The central legal issues before the Court were whether a suppression or non-publication order was necessary to achieve one of the objectives outlined in section 102PF(1) of the *Family Law Act 1975* (Cth), and if so, whether such an order was the least restrictive means of achieving that objective, particularly in light of the public interest in open justice. The Court also considered the potential for identification of the parties and the victim, given that they all resided in a relatively small city and that daily court lists might also provide identifying information.

Tree J reasoned that while the objectives in section 102PF(1) might be enlivened, the critical question was the necessity of a suppression order. The Court noted that victims' names are typically suppressed in criminal proceedings to prevent identification of the victim, and that the identification of the mother, child, or victim in this case would serve no benefit. However, the Court concluded that a more stringent anonymisation of the ex tempore reasons and the current judgment, rather than a full suppression or non-publication order, would safeguard the public interest in open justice while still protecting the individuals involved.

Consequently, Tree J declined to make an order under Part XIA of the *Family Law Act 1975*. Instead, the Court directed relevant court staff to prepare a more stringently anonymised version of both the ex tempore reasons and the current judgment. These anonymised reasons were further directed not to be made available until the expiration of the appeal period.