Ogawa (formerly Ms PD) v President of the Australian Human Rights Commission (Pseudonym) [2022] FCAFC 160

Federal Court of Australia Ogawa (formerly Ms PD) v President of the Australian Human Rights Commission (Pseudonym) [2022] FCAFC 160 Appeal from: PD v President, Australian Human Rights Commission (No 2) [2021] FCA 851 Ms PD v Registrar of the Federal Court of Australia (No 2) [2021] FCA 1665

File number(s): QUD 352 of 2021 QUD 385 of 2021

Judgment of: RARES, PERRY AND HESPE JJ

Date of judgment: 16 September 2022

Catchwords: HIGH COURT AND FEDERAL COURT – suppression and non-publication orders – open justice principle – where applicant made complaint to Australian Human Rights Commission – where Commission issued direction prohibiting disclosure of complainant's identity as necessary to protect a human right and assigned her pseudonym under s 14(2) of Australian Human Rights Commission Act 1986 (Cth) – where complainant used pseudonym assigned by Commission to commence proceeding to challenge findings in Commission's report – where complainant commenced collateral proceeding using pseudonym challenging Registrar's refusal to file application for leave to appeal from primary judge's refusal to recuse himself and primary judge made unlimited order prohibiting any publication of complainant's name without giving reasons or specifying any ground under s 37AG of Federal Court of Australia Act 1976 (Cth) for doing so – where proceedings involved issues in numerous judgments in other proceedings in which complainant was named as party – whether pseudonym or non-publication order necessary in interests of justice or on any other basis – Held: pseudonym not necessary to prevent prejudice to proper administration of justice or otherwise; non-publication order set aside and pseudonym revoked