Suppression Orders in Spotlight: How AFL Legacy’s Son Tom Silvagni Kept Name Secret for 18 Months in Rape Case

By Legal Affairs Correspondent The Melbourne Herald December 26, 2025

The lifting of a long-standing suppression order in the rape case of Tom Silvagni, son of AFL icon Stephen Silvagni, has thrust Victoria’s use of court gag orders into the national spotlight, raising questions about open justice, privilege, and accountability in high-profile criminal matters. Silvagni, 23, was sentenced last week to six years and two months in prison—with a non-parole period of three years and three months—for digitally raping a woman twice in his family’s Balwyn North home in January 2024.

abc.net.au

Tom Silvagni, son of AFL star, sentenced to more than six years …

For over 18 months, media outlets were barred from naming Silvagni or linking him to his famous family, despite widespread social media speculation. The order, granted on mental health grounds citing a risk of psychiatric harm and suicide, spanned multiple courts and involved extensive legal battles. Media organizations, including the ABC, repeatedly challenged it, but judges upheld the suppression until after the guilty verdict, when County Court Judge Andrew Palmer ruled it no longer necessary.

abc.net.au

Suppression orders being issued far too often in Victorian courts …

The case highlights Victoria’s frequent reliance on suppression orders, with experts arguing they disproportionately favor those with financial resources. Media lawyer Justin Quill, who represented outlets contesting the order, described Silvagni’s defense as unprecedented: separate barrister teams for the criminal case and suppression fight, spanning a dozen hearings across Magistrates, County, Supreme, and Appeal courts. “If you have more money, you’re more likely to get a suppression order,” Quill stated, noting an “upsurge” in applications based on mental health.

sbs.com.au

Tom Silvagni can now be named in the press. How do suppression …

University of Melbourne law professor Jason Bosland echoed concerns, pointing out the high costs of psychiatric reports and legal representation required. Data from News Corp indicates Victorian courts issued over 487 suppression orders this year alone—far more than other states. Opposition Leader Jess Wilson has called for a Liberal review, stating: “Suppression orders should not hide offenders from victims, the community, or responsibility.”

theage.com.au

Suppression orders: Victoria leads the way as Australia’s secret state

Silvagni, grandson of Carlton premiership player Sergio Silvagni and brother of St Kilda’s Jack Silvagni, was convicted on December 5 of pretending to be the victim’s boyfriend before assaulting her in a darkened bedroom. He also forged an Uber receipt to cover his tracks. In a powerful victim impact statement, the survivor confronted him: “Tom Silvagni, you raped me. Not once, but twice.” Judge Greg Lyon praised her courage, labeling the acts “egregious and callous” while noting Silvagni’s lack of remorse.

carltonfc.com.au

heraldsun.com.au

Sexual Assault Services Victoria CEO Kathleen Maltzahn warned against conflating perpetrators’ mental health with “the shock of accountability,” emphasizing the survivor’s vindication. Attorney-General Sonya Kilkenny said the government monitors orders closely.

Now at Melbourne Assessment Prison, Silvagni’s family has signaled a possible appeal. The case underscores tensions in Victoria’s “open justice” principle, where courts can suppress for safety or fair trial reasons—but critics argue mental health claims are increasingly abused.

en.wikipedia.org

HM Melbourne Assessment Prison – Wikipedia

As public debate intensifies, this saga serves as a stark reminder: In Australia’s justice system, secrecy can come at a premium, but truth—and accountability—eventually emerges.