Dy (by his tutor My) v The Commonwealth of Australia

Dy, through his tutor My, brought a claim against the Commonwealth of Australia in the Federal Court. The suit sought to amend the statement of claim to include a new cause of action and to join additional plaintiffs. The defendants opposed the amendment and sought to have the plaintiffs identified by pseudonyms instead. The court was required to determine whether the plaintiffs could amend their statement of claim to add a new cause of action, join additional plaintiffs, and whether they could be identified by pseudonyms.

The court held that the plaintiffs could amend their statement of claim to add a new cause of action and join additional plaintiffs, provided that the amendment did not substantially alter the nature of the proceeding. The court found that the proposed amendment did not significantly change the nature of the proceeding, and therefore, the amendment was permissible. The court also held that the plaintiffs could be identified by pseudonyms if it was in the interests of justice to do so. The court found that there were compelling reasons to protect the identity of the plaintiffs, including their age and the sensitive nature of the allegations. The court therefore ordered that the plaintiffs be identified by pseudonyms.

The court ordered that the statement of claim be amended to include the new cause of action and join the additional plaintiffs. The court also ordered that the plaintiffs be identified by pseudonyms. The court further ordered that the defendants provide a written undertaking to the court that they would not disclose the identity of the plaintiffs to any third party without the leave of the court.