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ARTICLE · 05 SEPTEMBER 2016

Open Courts Act 2013 (Vic) and suppression orders

Suppression order applicants must satisfy the act's obligations but the ultimate decision rests with a court or tribunal.

AustraliaLitigation, Mediation & Arbitration

In brief - Applicants must satisfy obligations but ultimate decision to grant order rests with court or tribunal

A successful suppression order application requires an applicant to think carefully about the grounds for suppression orders, procedural steps, evidence and drafting, ensuring that the Open Courts Act 2013 (Vic) obligations are satisfied. Applicants should also be mindful of the difference between pseudonym and suppression orders and consider which is more suitable for the desired purpose.

Open Courts Act limits the circumstances under which suppression orders can be made

Commencing 1 December 2013, the Open Courts Act was introduced in part to consolidate the statutory powers of all Victorian courts and tribunals to make suppression orders and in part to promote, strengthen and reinforce the concept of "open justice". It creates a general presumption in favour of disclosure of information and provides that suppression orders can only be made in

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