Seraphim v Houda [2024] NSWCATAD 341

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Seraphim v Houda [2024] NSWCATAD 341 Hearing dates: 21 October 2024 Date of orders: 1 November 2024 Decision date: 01 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy ADCJ, Deputy President K Stubbs, General Member Decision: 1. Under s 49(2) of the Civil and Administrative Tribunal Act 2013, the hearing of the Respondents' application for miscellaneous matters dated 8 October 2024, is to be conducted wholly in private. 2. Under s 64(1)(c ) of the Civil and Administrative Tribunal Act 2013, the publication of any evidence given before the Tribunal or evidentiary material contained in documents before the Tribunal in the Respondents' application for miscellaneous matters dated 8 October 2024, is prohibited. Following the hearing of the Respondents' application for miscellaneous matters dated 8 October 2024, the Tribunal made the following orders: 3. None of the Respondent's applications for miscellaneous matters dated 8 October 2024 is granted. 4. Ms Seraphim is to file and serve any application for costs by 1 November 2024. 5. The proceedings are stood over for further directions by AVL on 3 December 2024 at 10 am. Note 1: the Respondent has indicated that it may appeal Order 3 above and the Tribunal has agreed to provide written reasons for that decision. To preserve the confidentiality of the information the subject of the Respondents' application for miscellaneous matters dated 8 October 2024, Orders 1 and 2 continue in effect pending further order of the Tribunal. Note 2: there is no direction for the Respondent to reply to any application for costs until directed to do so by the Tribunal. Catchwords: CIVIL PROCEDURE – Hearings – Suppression and non-publication – where Respondent to proceedings under the Anti-Discrimination Act seeks to have hearing held in private and publication of evidence prohibited – whether it is "desirable" to make those orders Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: Bettington v Commissioner of Police [2021] NSWCATAP 110 Burns v Corbett [2018] HCA 15 Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46; [2015] HCA 5 Council of the New South Wales Bar Association v EFA [2021] NSWCA 339 Rinehart v Welker [2011] NSWCA 403 State of New South Wales (Justice Health) and anor v Dezfouli [2008] NSWADTAP 69 Texts Cited: Nil Category: Procedural rulings Parties: Hana Seraphim (Applicant) Adam Houda (First Respondent) Lawyers Corp Pty Ltd (Second Respondent) Representation: Applicant (self-represented) Counsel: M Thangaraj SC/C Parkin (First and Second Respondents) Solicitors: Murphy's Lawyers Inc (First and Second Respondents) File Number(s): 2024/00104051 Publication restriction: See Orders 1 and 2 above.