Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited [2019] FCA 1346

FEDERAL COURT OF AUSTRALIA

Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited [2019] FCA 1346 File number: NSD 1144 of 2019

Judge: ALLSOP CJ

Date of judgment: 21 August 2019

Catchwords: PRACTICE AND PROCEDURE – where claims brought against the Uniting Church arising from alleged sexual abuse in connection with schools run by the Church – where interlocutory application made for non-publication and suppression orders – orders made to prevent prejudice to the proper administration of justice

Legislation: Federal Court of Australia Act 1976, ss 37AF, 37AG

Date of hearing: 21 August 2019

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance – Insurance List

Category: Catchwords

Number of paragraphs: 5

Counsel for the Applicant: Mr D L Williams SC with Mr P Mann

Solicitor for the Applicant: Clayton Utz

Counsel for the Respondent: Mr B C A Bradley

Solicitor for the Respondent: HWL Ebsworth Lawyers

ORDERS NSD 1144 of 2019

BETWEEN: UNITING CHURCH IN AUSTRALIA PROPERTY TRUST (NSW) Applicant

AND: ALLIANZ AUSTRALIA INSURANCE LIMITED ACN 000 122 850 Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 21 AUGUST 2019

THE COURT ORDERS THAT:

1. Pursuant to sections 37AF and 37AG(1)(a), (c) and/or (d) of the Federal Court of Australia Act 1976 (Cth) (Federal Court Act), non-publication orders and suppression orders are made such that: (a) the names of the individuals in the Confidential List of Names and Pseudonyms exhibited to the Affidavit of Ashley Argyris Tsacalos as Exhibit AAT-2 (Confidential List of Names and Pseudonyms), and any particulars that might enable any of the individuals to be identified, are not to be disclosed (by publication or otherwise) without the leave of the court, to any person other than: (i) the Court; (ii) the parties; and (iii) the legal representatives of the parties; (b) the individuals identified in the attached Confidential List of Names and Pseudonyms are to be known as the corresponding pseudonyms in that Schedule; and (c) the individuals in the attached Confidential List of Names and Pseudonyms are to be referred to by the corresponding pseudonyms in all documents or records filed in these proceedings and in all open exchanges in Court. 2. Pursuant to sections 37AF and 37AG(1)(a), (c) and/or (d) of the Federal Court Act, suppression and non-publication orders are made such that the names of any current or former students of Knox Grammar School or any family member of a current or former student of Knox Grammar School referred to in any evidence in the proceedings (in addition to those referred to in Order 1), are not to be disclosed (by publication or otherwise), without the leave of the Court, to any person other than: (a) the Court; (b) the parties; and (c) the legal representatives of the parties. 3. Pursuant to sections 37AF and 37AG(1)(a), (c) and/or (d) of the Federal Court Act, suppression and non-publication orders are made such that the names of any current or former teacher of Knox Grammar School referred to in any evidence in the proceedings (in addition to those referred to in Order 1), are not to be disclosed (by publication or otherwise), without the leave of the Court, to any person other than: (a) the Court; (b) the parties; and (c) the legal representatives of the parties. 4. Orders 1, 2 and 3 shall operate until further order of the Court pursuant to section 37AJ of the Federal Court Act. 5. Orders 1, 2 and 3 are made on the ground that each is necessary to prevent prejudice to the proper administration of justice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.