Herald & Weekly Times Limited v Gregory D Williams (formerly identified as VAI) [2003] FCAFC 217

FEDERAL COURT OF AUSTRALIA

Herald & Weekly Times Limited v Gregory D Williams

(formerly identified as VAI) [2003] FCAFC 217 PRACTICE AND PROCEDURE – application for leave to appeal by the media against a suppression order prohibiting publication of the name or identity of an applicant in a proceeding in the Court – suppression order made by the primary judge to give "practical effect" to a suppression order made by the Administrative Appeals Tribunal – whether the order was necessary in order to prevent prejudice to the administration of justice - whether embarrassing and damaging publicity to an applicant if a suppression order were not made can justify the making of such an order Taxation Administration Act 1953 (Cth) s 14ZZE Administrative Appeals Tribunal Act 1975 (Cth) s 35 Federal Court of Australia Act 1976 (Cth) ss 17(1) and 50 VAI v Forgie [2003] ATC 4263 – cited The Herald and Weekly Times Ltd v Braun [1994] 1 VR 705 - cited Commonwealth v Construction, Forestry, Mining and Energy Union (2000) 98 FCR 31 - applied Mirror Newspapers Ltd v Waller (1985) 1 NSWLR 1 – cited John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465 – cited Re Bromfield, Stipendiary Magistrate; Ex parte West Australian Newspapers Ltd (1991) 6 WAR 153 – cited John Fairfax Group Pty Ltd (Receivers and Managers Appointed) v Local Court of New South Wales (1991) 26 NSWLR 131 – considered Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 - cited Gallo v Dawson (1990) 93 ALR 479 at 480 – cited Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491 – cited Engler v Commissioner of Taxation [2002] FCA 620 - cited SRD v Australian Securities Commission (1994) 52 FCR 187 - considered Australian Broadcasting Commission v Parish (1980) 29 ALR 228 - cited Russell v Russell (1976) 134 CLR 495 - considered J v L & A Services Pty Ltd [1995] 2 Qd R 10 - cited The Herald and Weekly Times Ltd v The Magistrates' Court of Victoria [1999] 2 VR 672 - cited The Herald and Weekly Times Ltd v Medical Practitioners Board of Victoria [1999] 1 VR 267 – cited Scott v Scott [1913] AC 417 – considered Johnston v Cameron (2002) 195 ALR 300 - cited VZZ v Australian Sports Drug Agency [2001] FCA 816 – disapproved THE HERALD AND WEEKLY TIMES LIMITED v GREGORY D WILLIAMS (FORMERLY IDENTIFIED AS VAI) V 123 of 2003 FINN, MERKEL AND STONE JJ 10 SEPTEMBER 2003 MELBOURNE