VZZ v Australian Sports Drug Agency [2001] FCA 816

FEDERAL COURT OF AUSTRALIA

VZZ v Australian Sports Drug Agency [2001] FCA 816 ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal – order refusing stay of decision of the Australian Sports Drug Agency – where decision not an effective decision or determination of application for review - whether Court has jurisdiction to hear and determine appeal against interlocutory decision of Administrative Appeals Tribunal – whether question of law. PRACTICE AND PROCEDURE – application for order prohibiting publication of the name or identity of applicant – balance between prejudice to applicant and public interest in open justice – where Administrative Appeal Tribunal had not published applicant's name pending determination of its review.

Administrative Appeals Tribunal Act 1975 (Cth): s 44 Federal Court of Australia Act 1976 (Cth): s 50

Director‑General of Social Services v Chaney (1980) 47 FLR 80 applied SRD v Australian Securities Commission (1994) 52 FCR 187 referred to VZZ v AUSTRALIAN SPORTS DRUG AGENCY V 678 of 2001 GOLDBERG J 26 JUNE 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 678 of 2001

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: VZZ

Applicant

AND: AUSTRALIAN SPORTS DRUG AGENCY

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 26 JUNE 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The notice of motion filed by the applicant on 22 June 2001 be dismissed. 2. The appeal by the applicant's notice filed on 22 June 2001 be dismissed. 3. Pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth), the name of the applicant or anything liable to identify the applicant with Federal Court proceeding V678 of 2001 not be published except to the legal representatives of the parties and to officers of the respondent. 4. The applicant pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules