A man has been found guilty of rape but we can’t say who he is. Why are there exceptions to open justice?
Victoria has the sorry distinction of being the national capital for court-imposed gag orders.
The courts and tribunals of that state issue more than half the tally of suppressions for all the other states and territories combined.
A count of these orders is religiously kept by Gina McWilliams, a senior legal counsel at News Corp. Her tally for 2025 totalled 1,226 suppression and no-publication orders Australia-wide.
Victoria, including the civil and administrative tribunal, issued 640 – under the ambit of the Orwellian-named Open Courts Act.
Raw data doesn’t explain the reason for this. Maybe there are simply more applications of this type south of the Murray than in the rest of the nation, or quite possibly the judges in that jurisdiction are more predisposed to keeping proceedings and identities hidden.
Some of that tally would be reduced by subsequent court orders to lift the veil of secrecy – and that would also apply in all the other jurisdictions.
It was not entirely surprising that the accused in a high-profile Melbourne rape case managed to have his identity protected by a county court suppression order.
Quite apart from the case attracting attention in the media and elsewhere, the accused himself was also repeatedly described in news bulletins as a “well-connected Melbourne businessman”.
On Tuesday a jury found him guilty of two counts of rape and one of sexual assault of a former employee visiting his home. An intention to appeal has been flagged by his lawyers – in fact his defence counsel said that his client has been the subject of a “gross miscarriage of justice” and that there was a prospective application to stay the sentencing.
His psychiatrist has given evidence........
