Sound reasons given. But remember...this is
merely a temporary order retaining the status quo until the impact of the new legislation is fully argued.
Quote:Justice Peter Applegarth, in his three-page decision, said that without a temporary order the man's right to have a non-publication order argument heard and determined would be "an empty, theoretical or useless right".
It is the first high-profile test of the new law, which comes into effect just after 12am on Tuesday.
Justice Applegarth said that the man's legal team intends to apply for an order, under the new law, for his identity to remain suppressed, and it will do so as soon as practicable after the legislation comes into effect early Tuesday.
Under the previous legislation, identification of a person charged with rape was prohibited until they had gone through a committal hearing. That was scrapped on September 13 when the new laws went through parliament and came into effect on October 3.
Justice Applegarth said that without a temporary order today, media reports could identify the man any time after 12am on Tuesday.
"His statutory right to apply for an order … would be rendered nugatory and the application would have no utility," Justice Applegarth said.
The Queensland Police Service did not oppose an interim injunction. Justice Applegarth said it would be "contrary to the interests of justice" if the man was named before being given an opportunity to lodge an application.
"Without a temporary order today, the purpose of making the application would be defeated. The interests of justice, and the balance of convenience, are served by not rendering the statutory right that the applicant will gain early on Tuesday morning, an empty, theoretical or useless right," Justice Applegarth said.