The power under s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), where the ground relied upon is s 8(1)(a), is directed to protecting the administration of justice in the court making the order, not in other courts. For a non-publication order to be 'necessary' to prevent prejudice to the administration of justice, there must be a high degree of confidence that the prejudicial result would eventuate, not merely a possible consequence. The availability of alternative remedies (adjournment, jury directions, contempt proceedings) is a significant factor in assessing necessity. The Act does not address the inter-relationship between the powers of different courts to make non-publication orders, and the potential for conflicting orders remains unresolved.
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