Somerville and Somerville

In the matter of *Somerville and Somerville*, heard by Judge Mercuri, the dispute concerned the publication of details relating to family law proceedings online. The father was ordered to take all necessary steps to remove an online forum from a specific website. Additionally, both the father and the moderator of the website were restrained by injunctions from publishing identifying details of the proceedings, the parties, witnesses, and the child.

The court was required to determine the extent to which it could order the removal of online content and restrain publication to protect the privacy of the parties and the child, particularly in light of section 121 of the *Family Law Act 1975* (Cth). The court also considered the appointment and role of an Independent Children's Lawyer in the proceedings.

Judge Mercuri applied section 121 of the *Family Law Act 1975* (Cth), which prohibits the publication of identifying information about family law proceedings. The court reasoned that it had the power to issue injunctions against parties and third parties, such as website moderators, to prevent breaches of this section. The court also directed that breaches of section 121 be investigated and potentially prosecuted, and approved the publication of certain documents to law enforcement agencies for this purpose. Furthermore, the court ordered the independent representation of the child and set out the responsibilities of the Independent Children's Lawyer.