---
title: "Check a proposed suppression or non-publication order against the statutory grounds"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/check-a-proposed-suppression-or-non-publication-order-against-the-statut"
type: "task"
site: "AI Law Framework"
id: "A5-LA20261022-4"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check a proposed suppression or non-publication order against the statutory grounds

> Compare the proposed order with sections 37AF and 37AG. Record what information would be restricted, which ground in section 37AG(1) is identified, and whether the order would state that ground.…

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/check-a-proposed-suppression-or-non-publication-order-against-the-statut  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Compare the proposed order with sections 37AF and 37AG. Record what information would be restricted, which ground in section 37AG(1) is identified, and whether the order would state that ground. Note that section 37AE requires the Court to take open justice into account. Do not rewrite the order. |
| What the lawyer must review | The lawyer decides whether an order is necessary on a permitted ground, writes the order so that it specifies the ground, and addresses section 37AE. The lawyer uses the statute of the court that will hear the application. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: Compare the proposed order with sections 37AF and 37AG. Record what information would be restricted, which ground in section 37AG(1) is identified, and whether the order would state that ground. Note that section 37AE requires the Court to take open justice into account. Do not rewrite the order.
- What the lawyer does: The lawyer decides whether an order is necessary on a permitted ground, writes the order so that it specifies the ground, and addresses section 37AE. The lawyer uses the statute of the court that will hear the application.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Confirm the proposed ground is one of the four in section 37AG(1), and that mere commercial sensitivity is not treated as a ground unless it fits paragraph (a).
2. Confirm the order would state the ground, as section 37AG(2) requires.
3. Confirm the information to be restricted is within section 37AF, and is no wider than the ground requires.
4. If the proceeding is not in the Federal Court, do not apply these sections. Use that court's statute.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Federal Court of Australia Act 1976 (Cth), section 37AE](https://classic.austlii.edu.au/au/legis/cth/consol_act/fcoaa1976249/s37ae.html) (checked 2026-10-22)
- [Federal Court of Australia Act 1976 (Cth), section 37AF](https://classic.austlii.edu.au/au/legis/cth/consol_act/fcoaa1976249/s37af.html) (checked 2026-10-22)
- [Federal Court of Australia Act 1976 (Cth), section 37AG](https://classic.austlii.edu.au/au/legis/cth/consol_act/fcoaa1976249/s37ag.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/check-a-proposed-suppression-or-non-publication-order-against-the-statut/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*