Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PVYW v Comcare Australia [2011] FCA 535 Citation: PVYW v Comcare Australia [2011] FCA 535
Appeal from: Appeal from a decision of the Administrative Appeals Tribunal
Parties: PVYW v COMCARE AUSTRALIA
File number: NSD 1761 of 2010
Judge: NICHOLAS J
Date of judgment: 20 May 2011
Catchwords: PRACTICE AND PROCEDURE – application for suppression of applicant's name – s 50 of the Federal Court of Australia Act 1976 (Cth) – consideration of principle of open justice – whether suppression necessary to prevent prejudice to the administration of justice – applicant suffering psychological injuries –applicant will not continue proceeding if name not suppressed –proceeding involves matters of statutory interpretation based upon agreed facts – application not motivated by simple desire to avoid embarrassment or ridicule – order made to suppress applicant's name
Legislation: Federal Court of Australia Act 1976 (Cth) s 50(1) Administrative Appeals Act 1975 (Cth) s 35(2)
Cases cited: Attorney-General (NSW) v Nationwide News Pty Ltd (2007) 73 NSWLR 635 Australian Broadcasting Commission v Parish (1980) 29 ALR 228 Commission of Taxation v H (2010) 268 ALR 101 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Dye v Commonwealth Securities Ltd (No 2) [2010] FCAFC 118 Hogan v Australian Crime Commission & Ors (2010) 240 CLR 651 X v Australian Prudential Regulation Authority (2007) 226 CLR 630
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