Templeton v Director of Public Prosecutions (NSW)

The applicant, Ms Templeton, sought orders from the Supreme Court of New South Wales to preserve evidence held on seized electronic devices and to stay an order placing her on the Child Protection Register. The Director of Public Prosecutions (NSW) was the respondent.

The primary legal issues before the Court were whether there was evidence to support an intention to erase evidence from the seized devices, and whether the Court had the power to grant a stay of the decision to place Ms Templeton on the Child Protection Register.

Payne JA considered the evidence presented regarding the intention to erase data, finding it insufficient to warrant the preservation orders sought. The Court also addressed the applicant's request for a stay, ultimately granting leave for the applicant to file further evidence in support of her judicial review application. The Court accepted an undertaking from the NSW Police not to destroy the specified electronic devices until further order.