AX v Stern

The case of AX v Stern involved an application by the prospective plaintiffs, AX and XY, to use pseudonyms in proceedings against the defendants, Dr Stern and IVF Australia, alleging negligence in in-vitro fertilisation (IVF) treatment. The application was heard in the Supreme Court of New South Wales. The plaintiffs sought the use of pseudonyms for themselves and their children due to the sensitive nature of the allegations and the potential for significant public interest and media scrutiny.

The primary legal issue before the court was whether the circumstances of the case justified the use of pseudonyms under the provisions of the Supreme Court Act 1986. The plaintiffs argued that the use of real names would lead to significant reputational harm and potential privacy breaches, particularly for their children. The defendants contended that the public interest in transparency and accountability in medical negligence cases outweighed the plaintiffs' privacy concerns.

The court considered the statutory provisions under the Supreme Court Act 1986, which permit the use of pseudonyms to protect the identity of plaintiffs and their children where it is deemed necessary. The court weighed the potential harm to the plaintiffs against the public interest in open justice. It determined that the sensitive nature of the allegations, the significant potential for reputational damage, and the impact on the children warranted the use of pseudonyms. The court found that the plaintiffs had demonstrated a sufficient likelihood of harm if their identities were disclosed.

The court granted the application for the use of pseudonyms, acknowledging the compelling reasons presented by the plaintiffs. The order allowed the plaintiffs to proceed with the case under pseudonyms, protecting their identities and that of their children. This decision highlights the court's willingness to balance the right to privacy and the protection of vulnerable parties against the principles of open justice.