Rinehart v Welker

The proceedings involved Gina Rinehart and a party identified as Welker. The dispute concerned an application for leave to appeal and the substantive appeal itself, heard concurrently. The court was required to determine whether to grant a suppression order under the Court Suppression and Non-publication Orders Act 2010 (NSW).

The central legal issue was the exercise of the court's discretion to make a suppression order. This involved considering the grounds for such an order as specified in section 8(1)(a) of the Act. The court also had to determine the scope, duration, and geographical reach of any suppression order made.

Tobias AJA, applying the provisions of the Court Suppression and Non-publication Orders Act 2010 (NSW), made a suppression order. This order prohibited the publication of information relating to the relief claimed, pleadings, summary of argument, submissions, draft notice of appeal, evidence, and the contents of specific documents referred to as the red book, blue book, black book, and orange book. The order explicitly excluded the Summons seeking Leave to Appeal and the judgment itself. The suppression order was made on the grounds specified in section 8(1)(a) of the Act and was to remain in effect until the determination of the application for leave to appeal or further order, applying throughout the Commonwealth. The court also ordered that two related appeal numbers be heard concurrently, that the application for leave to appeal be determined concurrently with the appeal, and that these hearings be expedited.