While you might consider that you have plenty of reasons for venting your frustration about your Court proceedings, posting  on social media might not be the best idea.

In fact, it could be seriously detrimental to your case if the comments you make are admitted as evidence in the proceedings or amount to a  breach of privacy.

There is in fact, a risk that a person may find themselves in jail for an online post.

The Family Law Act provides that a person who publishes an account of proceedings which identifies a party to, or anyone associated with, the proceedings has committed an offence punishable by imprisonment for up to one year. (section 121)

Although prison sentences dont commonly arise, there are a number of cases where infringements of this section have had major consequences for the poster.

One such case, in 2013, saw a man referred to Australian Federal Police after a string of Facebook comments that denigrated his ex-partner, the Court, the Judge, and a number of other legal professionals involved in his case (Lackey and Mae [2013] FM CA fam 284).

So it’s probably best to look elsewhere than social media if you’re looking to vent about ongoing family court proceedings.

Lucy Urach

Lucy Urach

Family Lawyer