FEDERAL COURT OF AUSTRALIA
Keyzer v La Trobe University [2019] FCA 646
File number: VID 265 of 2019 Judge: ANASTASSIOU J Date of judgment: 10 May 2019 Catchwords: PRACTICE AND PROCEDURE – whether workplace complainant’s name should be supressed – loss of confidentiality – Federal Court of Australia Act 1976 (Cth) ss 37AA, 37AE, 37AF, 37AG(1)(a) and (d), 37AH and 37AI
PRACTICE AND PROCEDURE – leave to intervene under rule 9.12 of the Federal Court Rules 2011 (Cth) – leave to intervene for purpose of application for suppression or non-publication order – whether leave necessary – leave not necessary – leave granted in any event
Legislation: Administrative Appeals Tribunal Act 1975 (Cth)
Fair Work Act 2009 (Cth)
Federal Court of Australia Act 1976 (Cth), ss 37AA, 37AE, 37AF, 37AG(1)(a) and (d) and 37AIFederal Court of Australia Rules 2011 (Cth), r 9.12 Taxation Administration Act 1953 (Cth)
Cases cited: ACCC v Air New Zealand (No 3) [2012] FCA 1430
ACCC v Cascade Coal Pty Ltd (2015) 331 ALR 68
Attorney-General (NSW) v Mayas Pty Ltd (1988) 14 NSWLR 342
Herald & Weekly Times Limited v Gregory D Williams (formerly identified as VAI) [2003] FCAFC 217
John Fairfax Group Pty Ltd v Local Court of NSW (1991) 26 NSWLR 131
Mobil Oil Australia Ltd and Anor v Guina Developments Pty Ltd and Anor [1996] 2 VR 34
Russell v Russell (1976) 134 CLR 495
Secretary, Department of Justice and Regulation v Zhong (No 2) [2017] VSCA 19
Date of hearing: 3, 5 and 11 April 2019 Date of last submissions: 10 April 2019 Registry: Victoria Division: Fair Work Division National Practice Area: Employment & Industrial Relations Category: Catchwords Number of paragraphs: 48 Counsel for the Applicant: The applicant did not appear Counsel for the Respondent: The respondent did not appear Counsel for the Interveners: Mr C Gunst QC Solicitor for the Interveners: Holding Redlich Counsel appearing as Amicus Curiae: Dr A P Trichardt ORDERS
VID 265 of 2019 BETWEEN: PATRICK DENIS KEYZER
Applicant
AND: LA TROBE UNIVERSITY
Respondent
DR JILLIAN MURRAY
First Intervener
LIBBY BRENTON
Second Intervener
JUDGE:
ANASTASSIOU J
DATE OF ORDER:
10 MAY 2019
THE COURT ORDERS THAT:
1.The interveners have leave to intervene for the purpose of this application.
2.The interim suppression order made under s 37AI on 11 April 2019 be revoked.
3.The application for suppression or non-publication orders be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
ANASTASSIOU J:
Introduction
Before the Court is an application for leave to intervene in the principal proceeding for the purpose of seeking suppression or non-publication orders. The principal proceeding concerns the suspension from work of the applicant, Professor Keyzer, who is Chair of Law and Public Policy and Head of the School of Law at the respondent, La Trobe University. Professor Keyzer was suspended on full pay pending an investigation by the University into alleged misconduct by him.…
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- AGLC
- Keyzer v La Trobe University [2019] FCA 646
- Case
- [2019] FCA 646
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the complainants could be considered parties under the Act for the purpose of applying for suppression or non-publication orders, despite their names being mentioned in an affidavit that had not been formally tendered or read in the proceeding. The Court also needed to determine whether the complainants had the right to intervene in the application for suppression orders and if such leave was necessary under the Federal Court Rules 2011. Finally, the Court had to decide whether the orders sought by the complainants could be justified under the grounds specified in the Act.
The Court held that the definition of a party in s 37AA of the Act should be interpreted in a manner consistent with the objective purpose of permitting persons named in an affidavit to apply for a suppression order. The Court concluded that it was sufficient for a person to be named in an affidavit filed in the proceeding, regardless of whether the affidavit had been formally tendered or read. This interpretation avoided rendering the application for suppression orders futile. Regarding the leave to intervene, the Court granted the leave for the limited purpose of the application, despite finding it unnecessary as the complainants could still be considered parties under the Act. Ultimately, the Court dismissed the application for suppression or non-publication orders, finding that the orders were not necessary to meet any of the specified grounds in s 37AG of the Act.
In conclusion, the Court revoked the interim suppression order made on 11 April 2019 and dismissed the application for suppression or non-publication orders. The complainants were granted leave to intervene for the purpose of this application. The Court's decision hinged on the interpretation of the relevant statutory provisions and the rules concerning parties and intervention, ultimately determining that the complainants' application did not meet the necessary criteria for suppression orders.
Orders
Orders of the court
1. The interveners have leave to intervene for the purpose of this application.
2. The interim suppression order made under s 37AI on 11 April 2019 be revoked.
3. The application for suppression or non-publication orders be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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