Section 121 of the Family Law Act 1975 (Cth) prohibits the publication of accounts of proceedings in the family law courts if those accounts contain particulars that identify a party to the proceedings, a person who is related to or associated with a party or who is alleged to be in any other way concerned in the matter to which the proceedings relate, or a witness. The focus of this article is on enforcement of the prohibition. It considers four possible ways in which s 121 might be enforced, namely: by prosecution for an offence; by treating a breach of s 121 as a contempt of court; by the institution of a civil cause of action by a plaintiff who was identified in breach of the provision; and by an injunction which operates to prevent disclosure of identifying information, either entirely or prospectively from the time it is issued.
|Number of pages||24|
|Journal||Australian Bar Review|
|Publication status||Published - 2021|