Practitioners should note that where a party to civil or appellate proceedings is subsequently charged with criminal offences arising from the same facts, non-publication orders over existing judgments may be sought under s 111(1) of the Evidence (Miscellaneous Provisions) Act 2011 (ACT) to protect the fairness of the criminal trial, including where the matter may proceed to jury trial. Consent of all parties will strongly support the making of such orders.
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