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ARTICLE · 22 OCTOBER 2012

The Jill Meagher case and the suppressed suppression order

The Court has refused to publish the wording of the actual suppression order prohibiting details about the Meagher case.

AustraliaLitigation, Mediation & Arbitration

The Melbourne Magistrates Court has reportedly made an order prohibiting publication of material about Adrian Bayley until 18 January 2013, and requiring any negative material about him on the internet to be taken down. Suppression orders aren't particularly outrageous, but this one's a bit odd.

To explain, Bayley is accused of the murder of Jill Meagher in Melbourne last month. In light of some of the particularly negative online communication about him (and his personal history) the purpose of the suppression order is to ensure he gets a fair trial. We think that's fine but we're not too sure about the effectiveness of the order.

Technically, the Court has the power to order any person to do or abstain from doing any act or thing. It also has the power to require any act or thing to be done or left undone. But surely it occurred to the Court that there may be some issues here. Will journalists be able to publish information about Adrian Bayley if they do so

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