A by his next friend B v C [2011] FCA 1356

FEDERAL COURT OF AUSTRALIA

A by his next friend B v C [2011] FCA 1356 Citation: A by his next friend B v C [2011] FCA 1356

Parties: A BY HIS NEXT FRIEND B v C

File number: WAD 270 of 2011

Judge: SIOPIS J

Date of judgment: 14 November 2011

Catchwords: PRACTICE AND PROCEDURE – application made by minor alleging disability discrimination by the school at which he is a pupil – orders made not to disclose information which tended to disclose the identity of applicant – whether order under s 50 of the Federal Court of Australia Act 1976 (Cth) should be made preventing inspection of the statement of claim.

Legislation: Federal Court of Australia Act 1976 (Cth) s 50 Federal Court Rules r 2.32

Cases cited: Hogan v Hinch (2011) 85 ALJR 398

Date of hearing: 14 November 2011

Place: Perth

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 18

Counsel for the Applicant: Ms P Giles

Solicitor for the Applicant: Fiocco's Lawyers

Counsel for the Respondent: Mr M Jensen

Solicitor for the Respondent: Lavan Legal

Counsel for media interests: Mr AV McCarthy

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 270 of 2011

BETWEEN: A BY HIS NEXT FRIEND B

Applicant

AND: C

Respondent

JUDGE: SIOPIS J DATE OF ORDER: 14 NOVEMBER 2011 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The statement of claim is not to be inspected by any person not a party to the proceeding, without the Court's prior leave. 2. Ms Amanda Banks' request to inspect the statement of claim is refused. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.