Bashir & Ghani (No 2)

In the matter of PAC 4940 of 2016, Mr Bashir (the applicant) and Mr Ghani (the respondent) were before the Federal Circuit Court of Australia, presided over by Judge Obradovic. The dispute concerned an Initiating Application filed by the applicant on 25 June 2020.

The central legal issue before the court was the application and effect of section 121 of the *Family Law Act 1975* (Cth). This section creates an offence for the publication of family law proceedings that identify individuals involved, including parties, associated persons, or witnesses, unless specific limited exceptions apply.

Judge Obradovic's reasoning focused on the prohibition contained within section 121. The court determined that the Initiating Application, by its nature or content, likely contravened this provision by risking the identification of persons involved in the family law proceedings. Consequently, the court applied the principles of section 121 to prevent such publication.

The court ordered that the Initiating Application filed on 25 June 2020 be dismissed.