Burton v Secretary, Department of Family and Community Services

[2019] NSWCA 21

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Court of Appeal
3. › Application for leave to appeal
4. › Interlocutory orders
5. › Non-publication orders
6. › Whether proposed grounds of appeal had reasonable prospect of success
7. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Practice and Procedure
2. › Suppression and non-publication orders
3. › Interlocutory restraint on publication of identifying information
4. › Protection of child in care proceedings
5. › Open justice
6. › Whether orders satisfied necessity test
7. › Court Suppression and Non-publication Orders Act 2010 (NSW), ss 6, 8, 14(1)
1. Children and Young Persons
2. › Care and protection
3. › Prohibition on publication of identifying information
4. › Whether Supreme Court orders restraining publication had utility where statutory prohibition already existed
5. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 43(1), 45, 105

Quick Take

The Court held that non-publication orders protecting children in care proceedings may be made by the Supreme Court in its equitable jurisdiction even where a statutory prohibition under s 105 of the Children and Young Persons (Care and Protection) Act already exists, as the overlap raises a question of utility not power.