VX96A v Insurance & Superannuation Commissioner [ 1996] FCA 869

CATCHWORDS

PRACTICE AND PROCEDURE - Application for suppression of name of applicant - Whether prejudice to administration of justice - Balancing prejudice to applicant and countervailing public interest in open justice. Federal Court of Australia Act 1976 (Cth) s.50. SRD v. Australian Securities Commission and Another (1994) 123 ALR 730. VX96A V. INSURANCE AND SUPERANNUATION COMMISSIONER MERKEL J MELBOURNE 30 SEPTEMBER

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION On appeal from the Administrative Appeals Tribunal constituted by Deputy President G.L. McDonald and Mr. W.G. McLean, Member B E T W E E N: "VX96A" Applicant and INSURANCE AND SUPERANNUATION COMMISSIONER Respondent MINUTES ORDERS

1. The Motion dated 25 September 1996 is dismissed. 2. The applicant pay the respondent's costs of the Motion. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION On appeal from the Administrative Appeals Tribunal constituted by Deputy President G.L. McDonald and Mr. W.G. McLean, Member B E T W E E N: "VX96A" Applicant and INSURANCE AND SUPERANNUATION COMMISSIONER Respondent Coram: Merkel J Place: Melbourne Date: 30 September 1996 REASONS FOR JUDGMENT VX96A ("the applicant") proposes to appeal to the Court from a decision of the Administrative Appeals Tribunal ("the AAT") which affirmed a decision of the Insurance and Superannuation Commissioner ("the Commissioner") that the applicant was a disqualified person under s.120(1)(a)(i) of the Superannuation Industry (Supervision) Act 1993 (Cth) ("the SIS Act"). The disqualification came about as a result of the conviction of the applicant in the City of London Magistrates' Court in or about June or July 1969 on 2 counts of having submitted a fraudulent insurance claim. A fine was imposed by way of penalty.