Secretary of the Department of Communities and Justice and X & Ors

In the matter of the Secretary of the Department of Communities and Justice and X & Ors, Aldridge J of the Family Court of Australia considered an application for interim suppression and non-publication orders. The dispute concerned the protection of subject children, with the Secretary seeking to maintain and modify existing orders to safeguard their safety. The court was required to balance the principle of open justice against the necessity of protecting vulnerable individuals.

The central legal issue before the court was whether suppression and non-publication orders, made pursuant to section 102PE of the *Family Law Act 1975* (Cth), were necessary to protect the safety of the subject children and other identified persons. This involved considering the court's inherent jurisdiction to secure the administration of justice and determining if the proposed orders were both necessary and not futile, particularly in light of existing orders and potential contraventions.

Aldridge J reasoned that the court possessed an implied incidental power to make such orders as were necessary for the proper administration of justice. Applying this principle, the court found that the suppression and non-publication orders were necessary to protect the safety of the children and other individuals involved in the proceedings. The court ordered that existing orders 1, 2, and 3 from 3 July 2019 remain in force, while orders 5, 6, and 7 from the same date were discharged. New orders were made, prohibiting the publication or disclosure of information that could reveal the identity or location of specific individuals, witnesses, or professional service providers, as well as details from the court file, evidence, or court proceedings, until midnight on 23 October 2019. These prohibitions were grounded in the necessity of protecting the safety of the children and other identified persons. The court also directed the Marshall to consider potential offences under section 102PK of the Act or contempt of court arising from the publication of certain articles.