ZYX (pseudonym initials) v Cable [No 3]

In the case of ZYX (pseudonym initials) v Cable [No 3], the Full Court of the Federal Court of Australia was asked to determine the ongoing appropriateness of a suppression order in a child sexual abuse case. The proceedings involved a pseudonymised plaintiff, ZYX, who was a victim of child sexual abuse by the defendant, Cable. The case had progressed to trial, but Cable had ceased participating in the proceedings and was subsequently declared bankrupt. The court was required to decide whether it was still appropriate to continue anonymising Cable's name and prohibiting reporting of the proceedings in a way that would identify him.

The court considered the objectives of suppression orders in cases involving child sexual abuse, including the need to protect the privacy and welfare of child victims and to prevent further harm to them. It also considered the public interest in open justice and the need to balance these considerations with the rights of the defendant. The court examined the circumstances of this case, including the fact that Cable had ceased participating in the proceedings and was declared bankrupt, and whether these factors impacted the appropriateness of continuing the suppression order.

The Full Court determined that the suppression order should remain in place, with Cable's name continuing to be anonymised and reporting of the proceedings to identify him being prohibited. The court found that the objectives of the suppression order were still relevant and that the public interest in protecting the welfare of child victims and preventing further harm outweighed the public interest in open justice. The court also found that the fact that Cable had ceased participating in the proceedings and was declared bankrupt did not change the appropriateness of continuing the suppression order.

The Full Court made orders that the suppression order in place in the original proceedings remain in force, with Cable's name to continue to be anonymised and reporting of the proceedings to identify him to be prohibited. The court also ordered that the pseudonym used for ZYX in the proceedings remain in place.