Z v Mental Health Review Tribunal (No 2)

The proceedings concerned an application for summary dismissal of contempt proceedings brought by Z against a barrister, Mr McHugh, and the Attorney-General of New South Wales. The alleged contempt related to disclosures made by Mr McHugh in the course of other proceedings, which Z contended were in breach of a suppression order made under the *Court Suppression and Non-publication Orders Act 2010* (NSW). The Attorney-General was also a party to the original proceedings in which the suppression order was made, and Z alleged the Attorney-General had a duty to enforce that order.

The central legal issues before the Court of Appeal were whether the suppression order should be read down to exempt disclosures made in furtherance of the administration of justice, and whether section 15 of the *Court Suppression and Non-publication Orders Act 2010* (NSW) provided a defence to contempt charges where a breach of a court order was committed in furtherance of the administration of justice. The court also considered the Registrar's decision to grant leave to amend a notice of motion on the condition that certain paragraphs be omitted.

Kirk JA determined that the suppression order should not be read down to exempt disclosures made in furtherance of the administration of justice, nor did section 15 of the Act provide such a defence. The court found that the contempt application against the Attorney-General was unsustainable and dismissed it. Furthermore, a significant number of the allegations of contempt against Mr McHugh and other respondents were summarily dismissed or struck out, with the court noting that the applicant was to pay 50% of the costs of certain respondents. The matter was listed for further hearing for a review of the original suppression order.