Re: Kelvin (No 2)
Case
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[2017] FamCA 1000
•4 December 2017
Details
AGLC
Case
Decision Date
Re: Kelvin (No 2) [2017] FamCA 1000
[2017] FamCA 1000
4 December 2017
CaseChat Overview and Summary
The applicant, Kelvin, sought to have his name published in relation to proceedings before Watts J of the Family Court of Australia. The dispute concerned the publication of Kelvin's identity, which had previously been anonymised in related proceedings.
The primary legal issue before the court was whether to lift the anonymity orders previously made and permit the publication of Kelvin's name. This required the court to consider the competing interests of Kelvin's right to identify himself and the public interest in the administration of justice and the protection of vulnerable individuals.
Watts J dismissed the applicant's Initiating Application. The court discharged previous orders that had anonymised Kelvin and his associated details, with the exception of his legal practitioners and residency in New South Wales. Crucially, Kelvin was granted liberty to identify himself as the subject of the application and the child in the prior Full Court decision. However, the court ordered that Kelvin's full name, family members, school, medical practitioners, counsellor, court file number, and any other identifying information (save for his legal practitioners and NSW residency) were not to be published by any means. Only anonymised reasons for judgment and orders, with specific exclusions on cover sheets, were to be released to non-parties without further judicial order.
The primary legal issue before the court was whether to lift the anonymity orders previously made and permit the publication of Kelvin's name. This required the court to consider the competing interests of Kelvin's right to identify himself and the public interest in the administration of justice and the protection of vulnerable individuals.
Watts J dismissed the applicant's Initiating Application. The court discharged previous orders that had anonymised Kelvin and his associated details, with the exception of his legal practitioners and residency in New South Wales. Crucially, Kelvin was granted liberty to identify himself as the subject of the application and the child in the prior Full Court decision. However, the court ordered that Kelvin's full name, family members, school, medical practitioners, counsellor, court file number, and any other identifying information (save for his legal practitioners and NSW residency) were not to be published by any means. Only anonymised reasons for judgment and orders, with specific exclusions on cover sheets, were to be released to non-parties without further judicial order.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Judicial Review
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Procedural Fairness
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Natural Justice
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Injunction
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Remedies
Actions
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Citations
Re: Kelvin (No 2) [2017] FamCA 1000
Most Recent Citation
Re: Imogen (No 5) [2020] FamCA 760