Personal Injury

At Koffels Solicitors and Barristers, we understand the importance of privacy, especially for survivors of sensitive issues such as historical institutional child sexual abuse. It’s important to note that only a tiny proportion of our cases actually ever get as far as a court appearance, as almost all are settled in mediation long before any judge gets involved. For those cases that do proceed to court, here’s how you can obtain anonymity in public court proceedings in New South Wales (NSW).

Legal Framework for Anonymity in NSW

NSW provides mechanisms to protect the identities of individuals involved in court proceedings through the Evidence Act 1995 (NSW) and the Criminal Procedure Act 1986 (NSW). These laws enable the court to make orders that safeguard anonymity.

Steps to Obtain Anonymity

1. Consult with Legal Counsel
   • Start by consulting a legal professional. At Koffels Solicitors and Barristers, we offer expert guidance on protecting your identity.
2. File a Pseudonym Application
   • With the assistance of your legal counsel, file an application for a pseudonym order. This application should explain why anonymity is necessary.
3. Provide Supporting Evidence
   • Include affidavits or statements explaining the potential harm or distress from public disclosure of your identity. Psychological or medical expert evidence can also support your application.
4. Attend Court Hearing
   • The court will hold a hearing to consider your application. Your legal counsel will present arguments and evidence supporting your need for anonymity.
5. Receive Court Order
   • If the court approves your application, it will issue an order granting anonymity. This may involve using initials or a pseudonym in all court documents and proceedings.

Special Considerations for Vulnerable Individuals

The court often recognises the heightened need for privacy for survivors of sexual abuse, making it more likely to grant anonymity orders to prevent re-traumatisation and encourage reporting.

Post-Anonymity Order Procedures

Once an anonymity order is granted, all parties involved in the proceedings, including the media, must comply with it. Breaching an anonymity order can lead to legal penalties.

At Koffels Solicitors and Barristers, we prioritise protecting your identity and privacy. If you need assistance with obtaining anonymity in court proceedings, contact us for expert legal advice and support.

For more information or to schedule a free and confidential consultation regarding historical institutional abuse compensation, please  call us at [phone number].

References:

• Evidence Act 1995 (NSW)
• Criminal Procedure Act 1986 (NSW)

Feel free to reach out if you have any further questions or need more specific information on this topic.