Can I publish details about my family law proceedings?

Family law proceedings can be one of the most stressful things a person goes through. It is common for parties in family law proceedings to be frustrated with the other party, the Court and/or the legal representatives and it is tempting for parties to voice those concerns in a public way. It is also common for parties to talk to family and friends about what is said and done in court proceedings.

Section 121 of the Family Law Act 1975 specifically prohibits the publication of details of any family law proceedings. This can include publications in a newspaper, on the radio, television or via electronic means. This includes social media platforms.  This provision also applies to any parties not involved in the proceedings, such as family members of parties, journalists and lawyers. This includes:-

1. Publishing details that are likely to identify a person in the proceedings such as their name, address, employment details or assets the person may own;
2. Publishing copies of Court documents, reports and/or subpoenaed documents;
3. Publishing an account of the proceedings, for example photos, transcripts or audio or video recordings.

There are some limited exceptions to this rule which include:-

1. A Court may approve the publication of judgements, with parties given pseudonyms;
2. A Court may approve a party to provide documents to a legal aid body for the purposes of obtaining legal aid funding; or
3. Where the party is permitted by the Court to release documents to a third party for example, a party may be permitted to release a report to their counsellor.

What happens if I publish information about my family court proceedings?

If a party in family law proceedings is found to have breached section 121, then the Court can require that party to remove the publication and restrain the party from publishing anything further. In some cases, the Court can also refer the party to the Director of Public Prosecutions for that party to be prosecuted for this offence. If a person is found to have contravened section 121, then this is a criminal offence punishable by law with the maximum penalty being 12 months imprisonment. Other penalties include fines.

Even if a criminal prosecution does not proceed, in some cases, the publishing of details about family law proceedings by one party can lead the court to conclude that it was done to make the other party to feel threatened, harassed and/or intimidated, even if the publishing party removes the publication. If that is the case, then in some cases the other party may take steps to make an application for a domestic violence order or report the behaviour to police and ask police to make an application for a domestic violence order on that person’s behalf.

If you are unsure about your duty to maintain confidentiality in family law proceedings, or you are concerned that your confidentiality may have been breached, you are encouraged to seek legal advice.  Contact our office to make an appointment with one of our solicitors to obtain advice on your situation on (07) 4963 2000 or through our online contact form below.