Smith v Blanch

[2025] NSWCA 124

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Suppression and non-publication orders
3. › Transgender woman targeted by online activist
4. › Whether order necessary to protect safety of person
5. › Whether order necessary to prevent prejudice to proper administration of justice
6. › Court Suppression and Non-publication Orders Act 2010 (NSW), ss 6, 7, 8, 12
1. Costs
2. › Protective costs orders
3. › Maximum costs orders
4. › Application to cap costs at nil
5. › Respondent to judicial review of APVO
6. › Disparity of interest between parties
7. › Whether respondent would withdraw without costs protection
8. › Factors relevant to exercise of discretion
9. › Uniform Civil Procedure Rules 2005 (NSW), r 42.4(1)
1. Practice and Procedure
2. › Apprehended violence orders
3. › Judicial review of APVO in Court of Appeal
4. › Nature of APVO proceedings as protective rather than adversarial
5. › Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 19, 84, 99, 99A

Quick Take

A respondent to judicial review proceedings challenging an APVO may obtain a protective costs order capping their costs liability at nil under UCPR r 42.4(1), having regard to the disparity of interests between the parties, the legislative policy against costs orders on protected persons under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), and the risk that the respondent would otherwise withdraw from the proceedings.