Written By: Simran Suvarna
In the recent and significant decision of Aberg & Nurimen [2025] FedCFamC1F 511, the Federal Circuit and Family Court of Australia made clear that social media campaigns about family law proceedings can trigger injunctions, takedown orders and even criminal investigation and prosecution.
The Facts:
The matter involved interlocutory parenting proceedings concerning two children. The father sought urgent orders restraining both the mother and Ms Serene Teffaha (a third party who was joined to the proceedings), from publishing information about the case on social media or elsewhere.
According to the father, posts had been published identifying the parties and details of the proceedings, thereby causing harm to the children, his reputation and his business interests. This was despite the Court having already made orders in September 2023 restraining the parties and anyone associated with them from posting about the proceedings online.
The Decision:
The judgment centred on Part XIVB of the Family Law Act 1975, specifically sections 114Q and 121, which prohibit the communication of identifying information or evidence. The Court made clear that “communication” includes internet publication and social media activity.
The Court granted mandatory injunctions requiring both the mother and Ms Teffaha to remove all existing posts relating to the proceedings. The orders extended to posts made personally, as well as those made by others at their request or on their behalf.
The mother was also ordered to file an affidavit detailing evidence of compliance, including identifying all social media accounts in her control and producing six months of posts from those accounts.
The Court then directed the Marshal to ensure that any potential breaches of the Family Law Act publication provisions were investigated and, if appropriate, prosecuted. It also requested that the Australian Federal Police investigate whether any indictable offences may have been committed.
The Significance:
There are several significant takeaways arising from this decision:
1. It confirms that the family law publication restrictions have real force in the modern, social media era.
2. It demonstrates that courts will take both retrospective and preventative action against the prohibited publication of information on social media or elsewhere online, including takedown orders and mandatory injunctions.
3. It reminds that third parties are not exempt from facing injunctions and investigation and may be joined to proceedings purely so that such orders can be sought against them.
4. It teaches that breaches of family law confidentiality provisions may carry criminal penalties such as imprisonment.
