How does a suppression order work?

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sydsport

Member
15 January 2022
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I want to take case to court but want my identity to be suppressed due to a range of reasons. The focus of this post isn't the validity of the reasons yet. I have two questions

Question one

If I apply for a suppression order to suppress my identity in civil proceedings, and the suppression order was approved, will there be any way for my identity to be revealed through other means ?E.g. court records, suppression order application (if they are published online) or if someone appeals the suppression order for whatever reason?

Question two

Suppose I intend on taking a case to court. If I apply for a suppression order to suppress my identity, and it is rejected, what information about me, at that point in time, will be made public? If my suppression order is rejected, I don't want to proceed further as I don't want my identity to be revealed. My concern is by the time my suppression order has been rejected, it may be too late. Will the reason for the suppression order being rejected be made public? Will the contents of my suppression order be made public? Will the fact that I applied for a suppression order be made public?
 

Tim W

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28 April 2014
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Question one

If I apply for a suppression order to suppress my identity in civil proceedings, and the suppression order was approved, will there be any way for my identity to be revealed through other means ?E.g. court records, suppression order application (if they are published online) or if someone appeals the suppression order for whatever reason?
Yes, many. Bit hard to say more than that because much depends on the nature of the case and the case specific grounds for the order.
Certainly you'll need good grounds to get one at all.
Further, an application for a non-publication order can certainly be opposed by a respondent.
It can help to understand that a single-sided application for a non-publication order (lawyer speak for this is an "ex parte application")
between adults in civil proceedings is theoretically possible, but happens so infrequently in real life
that you should presume that you won't get one.

Question two

Suppose I intend on taking a case to court. If I apply for a suppression order to suppress my identity, and it is rejected, what information about me, at that point in time, will be made public? If my suppression order is rejected, I don't want to proceed further as I don't want my identity to be revealed. My concern is by the time my suppression order has been rejected, it may be too late. Will the reason for the suppression order being rejected be made public? Will the contents of my suppression order be made public? Will the fact that I applied for a suppression order be made public?
You appear to be asking whether or not you can be an anonymous plaintiff. No, you don't get to do that.
At the very least, the defendant/ respondent (and their lawyers, if they have any) will know exactly who you are.
And they will also (get to) know the details of every interlocutory application you make.
This can certainly include an application for a non-publication order, that may or may not succeed.
 

sydsport

Member
15 January 2022
2
0
1
Cheers @Tim W

You are exactly right - that's what I want to do. To become an anonymous plaintiff. I can't believe I didn't word it that way...would have saved me that entire word salad. Maybe that's why I'm an engineer and not a lawyer...


Hmm, in my situation, I have no issue with the defendant and their lawyers knowing my identity. You say "at the very least" and I am ok with that. Practically speaking, here is a case I found online where a suppression order had been granted: CC v Djerrkura

'
In the circumstances, Brown FM ordered that identifying details of the
applicant be forbidden to be published in any form of media publication in
connection with the proceedings, or in relation to the circumstances giving rise
to these proceedings.
'


I am assuming that "Djerrkura" in this instance is the defendant and CC is the plaintiff. It also appears there is no way for me to find out who the identity of CC is. The question is, is there anyway for anyone (apart from, maybe, people working in the court system internally) to find out who CC is?