A on behalf of B v State of NSW (Department of Education and Training) [2013] FCA 331

FEDERAL COURT OF AUSTRALIA

A on behalf of B v State of NSW (Department of Education and Training) [2013] FCA 331 Citation: A on behalf of B v State of NSW (Department of Education and Training) [2013] FCA 331

Parties: A ON BEHALF OF B v STATE OF NSW (DEPARTMENT OF EDUCATION AND TRAINING)

File number: NSD 947 of 2011

Judge: GRIFFITHS J

Date of judgment: 9 April 2013

Catchwords: PRACTICE AND PROCEDURE – suppression orders – suppression of names of litigation guardian and minor – s 37AG of the Federal Court of Australia Act 1976 (Cth) – principle of open justice – whether suppression necessary to prevent prejudice to the administration of justice

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AG

Cases cited: Dye v Commonwealth Securities Limited (No 2) [2010] FCAFC 118 Hogan v The Australian Crime Commission (2010) 240 CLR 651

Date of hearing: 9 April 2013

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 11

Solicitor for the Applicant: NSW Disability Discrimination Legal Centre

Solicitor for the Respondent: Hicksons Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 947 of 2011

BETWEEN: A ON BEHALF OF B

Applicant

AND: STATE OF NSW (DEPARTMENT OF EDUCATION AND TRAINING)

Respondent

JUDGE: GRIFFITHS J DATE OF ORDER: 9 APRIL 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The names of the litigation guardian and the minor in these proceedings and any information tending to identify either of them, including the schools which the minor has attended, be suppressed until 30 June 2019 when the minor will attain 18 years of age. 2. The litigation guardian and the minor are to be referred to as A and B respectively for all the purposes of these proceedings, including in all documents filed or served in respect of the proceedings. 3. For the purposes of s 37AG(2) of the Federal Court of Australia Act, the order is made on the basis that identification of the litigation guardian or the minor will prejudice the due administration of justice having regard to the minor's age and the matters raised in the pleadings concerning the minor's mental health, past history and experiences and personal conduct. 4. Access to the file in this consolidated proceeding by any person other than the parties, their legal representatives and Court staff shall only be with prior leave of the Court. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.