On Thursday, County Court Judge Andrew Palmer decided to lift a suppression order, marking a significant judicial move.

This decision raises questions about what suppression orders entail, the conditions under which they are issued, and their boundaries. Essentially, suppression orders are legal tools used to keep certain information out of the public eye. They are typically granted in scenarios where disclosure could jeopardize justice, threaten national or international security, or endanger individuals.

The case in question involves Tom Silvagni, who is the son of former AFL star Stephen Silvagni and TV personality Jo Silvagni. The family has been at the center of this legal matter as they attended the County Court of Victoria in Melbourne.

Orders are often made to suppress information that could prevent the course of justice if it were publicly known, threaten domestic or international security interests or risk someone’s safety.

Tom Silvagni is the son of AFL great Stephen Silvagni and television personality Jo Silvagni. Source: AAP / Nadir Kinani

In some cases, such as in proceedings related to sexual or family violence charges, suppression orders are also used to avoid causing undue stress or embarrassment to victims or witnesses.

In June 2024, the Herald Sun was ordered to take down two stories it published about the case, which did not directly name Silvagni, and was made to pay $36,000 of his legal fees.

Increase in suppression orders on mental health grounds

“That’s another dimension to it as well, that it’s often wealthier people who can afford it.”

Palmer also noted that Silvagni’s identity was being widely discussed online and was a “matter of common knowledge within Melbourne”, while senior crown prosecutor Elizabeth Ruddle said the continuation of the suppression order could bring the court into disrepute as it would look like the court is giving special treatment.

Victim-survivor delivers court statement

“Your actions have changed the way I trust, the way I sleep, and the way I move through the world,” the victim-survivor said while delivering her impact statement.