Fomiatti v University of Western Sydney [2005] NSWADT 245

CITATION: Fomiatti v University of Western Sydney [2005] NSWADT 245 This decision has been amended. Please see the end of the decision for a list of the amendments. DIVISION: General Division APPLICANT PARTIES: Luke Fomiatti RESPONDENT University of Western Sydney FILE NUMBER: 052385 HEARING DATES: 14/10/05, 26/10/05 SUBMISSIONS CLOSED: 10/26/2005 DATE OF DECISION: 11/01/2005

BEFORE: Wilson R - Judicial Member APPLICATION: Prohibition on publication or broadcast MATTER FOR DECISION: Preliminary matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 CASES CITED: Walton v Momot (1997) NSWSC CA 17.04.97 (unreported) BC 9703067 REPRESENTATION: In person A Woods, solicitor ORDERS: 1. The interlocutory application for orders pursuant to s.75 of the Administrative Decisions Tribunal Act 1997 (NSW) is dismissed; 2. Part B of these reasons for decision is not to be published nor disclosed to any person or entity save the Respondent and its legal representatives and any other person to whom the Respondent should wish to make such disclosure and save the Tribunal's Members and Registry personnel ; 3. That the oral submissions put by the Respondent to the Tribunal during the absence of the Applicant as noted in these reasons be not disclosed to the Applicant and be not otherwise published in any form whatsoever; 4. That the submissions made by the Respondent to the Tribunal in the absence of the Applicant as noted in these reasons for decision and recorded in the sound recording of that part of the hearing in the Tribunal be not disclosed to the Applicant ; 5. That orders 2, 3 and 4 hereof are subject to any further order that the Tribunal may make, liberty being reserved to both parties to apply in this regard; 6. That liberty to apply is reserved to the Respondent to make further application pursuant to s.75 of the Administrative Decisions Tribunal Act 1997 as it may be so advised.