Federal Circuit and Family Court of Australia
(DIVISION 2)
Di Maggio v Employsure Pty Ltd [2022] FedCFamC2G 760
File number(s): SYG 1019 of 2022 Judgment of: JUDGE LAING Date of judgment: 13 September 2022 Catchwords: PRACTICE AND PROCEDURE – application for non-publication and suppression orders – where no supporting evidence produced – whether grounds for non-publication or suppression orders are established – application dismissed Legislation: Fair Work Act 2009 (Cth) s 340, s 351
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 229, s 230, s 231, s 232
Federal Court of Australia Act 1976 (Cth)
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) r 2.11
Cases cited: Australian Broadcasting Commission v Parrish [1980] FCA 33; (1980) 29 ALR 228; (1980) 43 FLR 129
Australian Competition & Consumer Commission v Origin Energy Electricity Ltd [2015] FCA 278; ATPR, 42–495
Australian Competition and Consumer Commission v Cement Australia Pty Ltd (No 2) [2010) FCA 1082
Betfair Pty Ltd v Racing New South Wales (No 5) [2009] FCA 1011
Bianca Hope Rinehart v Georgina Hope Rinehart [2014] FCA 1241; 320 ALR 195
Huikeshoven v Secretary, Department of Education, Skills and Employment [2021] FCA 1359
Division: Division 2 General Federal Law Number of paragraphs: 22 Date of last submission/s: 19 August 2022 Date of hearing: On the papers Solicitor for the Applicant: Jewell Hancock Employment Lawyers Solicitor for the Respondent: Employsure Law ORDERS
SYG 1019 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: SARA DI MAGGIO
Applicant
AND: EMPLOYSURE PTY LTD
Respondent
order made by:
JUDGE LAING
DATE OF ORDER:
13 SEPTEMBER 2022
THE COURT ORDERS THAT:
1.The respondent’s suppression application be dismissed.
2.Order 1 of the Orders made on 26 August 2022 be vacated.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
REASONS FOR JUDGMENT
JUDGE LAING
In these proceedings, the applicant seeks compensation, penalties and other remedies in relation to contended breaches by the respondent of the Fair Work Act 2009 (Cth) (FW Act). The applicant contends that the respondent made an adverse decision relating to her role because of her exercise of workplace rights, in breach of s 340(1)(a)(ii) of the FW Act. She alternatively contends that the respondent made the decision because of her pregnancy and/or impending family responsibilities, in breach of s 351(1). The proceedings are at an early stage.
Requests for access to documents filed in this matter have been made by a non-party, Tara de Boehmler of…
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- Case
- [2022] FedCFamC2G 760
- Decision Date
CaseChat Overview and Summary
The court examined the principles governing suppression orders, which are outlined in the Federal Circuit and Family Court of Australia Act 2021 (Cth). Suppression orders are only to be made in exceptional circumstances where they are necessary to prevent prejudice to the proper administration of justice, protect national security, ensure personal safety, or avoid undue distress in sexual offence cases. The court noted that commercial confidentiality alone is not enough to justify a suppression order and that the party seeking the order must provide cogent evidence to support the necessity of such an order.
Given the lack of supporting evidence in this case, the court was unable to conclude that the disclosure of the information would cause significant commercial harm to the respondent or that the suppression orders were necessary to prevent prejudice to the proper administration of justice. The court dismissed the suppression application and vacated the interim suppression order, emphasising the need for substantial evidence to justify such orders. The court's decision underscores the importance of providing detailed and substantiated arguments when seeking suppression orders in legal proceedings.
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