NSW Family law matter and discussing details

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lostinspace

Well-Known Member
25 November 2023
86
6
314
I believe I have a good grasp on this, but you cannot know what you do not know, anyways...

If I am to discuss or use parts of a matter I was involved with, that ended up settling by consent, of course it would be prudent to make sure no names are used or case number.

But is there anything preventing me discussing unproven accusations and behaviour of the other party, from either something in family law, but also defamation, online like in a forum like this where you are anonymous, but also discussing any aspects with friends and relatives. Of course people want to present things from a certain angle, my thinking is I can share documents now it is concluded with certain people have an inclination to read.

Also, where is the best place to advocate for some changes to the family law system ?
 

Atticus

Well-Known Member
6 February 2019
2,065
300
2,394
my thinking is I can share documents now it is concluded with certain people have an inclination to read.
It's still an offense to publish any part of a proceeding that can identify a party to it ... Publish includes the internet.
The new section (PART XIVB of the Family Law Act) that repealed section 121 gives some leeway to sharing with persons who may have a greater interest than the public , but you need to be very careful. If a party is identifiable and that person takes umbrage at being so identified by your actions then you're likley to find yourself in trouble anyway.

 

Noel Harris

Well-Known Member
30 April 2026
28
0
121
Once settled by consent, there is no general prohibition on discussing the matter privately with friends or family. The key restriction is section 121 of the Family Law Act which prevents you from publishing details in a way that identifies the parties or children publicly. Speaking privately or anonymously in a forum is generally fine. On advocating for reform, parliamentary submissions or writing to your local MP are legitimate channels. If you are unsure what you can and cannot share, a quick consult with a family law specialist will give you clarity.


Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.
 

lostinspace

Well-Known Member
25 November 2023
86
6
314
A party would be identifiable purely due to me saying anything, if people know who I am.
I am not looking to share details of the court matter, but details of my life experience with others, as a warning, we must be able to speak and disclose certain things, such as all the false allegations that were never tested & used as leverage.
So the intention may be anonymous, but it may not be hard to work out who I am, or I could accidentally be identifiable, but it would seem hard still to be able to dig up details.

The allegations and behaviour pre, and during, must be separate from the actual proceedings, and I have no desire to out the other party either. It is not about that, no one would care.

I take it case law is different then, how can cases be used publicly, is it because the parties are not doing so themselves, or some provision for it to be used this way for legit reasons.