Martin v Victoria

Case [2018] VSC 536


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

MAJOR TORTS LIST

S CI 2017 00480

SARAH MARTIN (a pseudonym) Plaintiff
v  
THE STATE OF VICTORIA Defendant

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JUDGE:

JOHN DIXON J

WHERE HELD:

Melbourne

DATE OF HEARING:

On the papers

DATE OF JUDGMENT:

17 September 2018

CASE MAY BE CITED AS:

Martin v Victoria

MEDIUM NEUTRAL CITATION:

[2018] VSC 536

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PRACTICE AND PROCEDURE — Pseudonyms — Application for pseudonym for plaintiff and non-party — Open justice principle — Exceptions —Prevention of prejudice to administration of justice — Application  granted.

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APPEARANCES:

Counsel Solicitors
For the Plaintiff No appearance
For the Defendant No appearance

HIS HONOUR:

  1. The plaintiff applied to use a pseudonym, and for an order that an individual (‘the non-party individual’) referred to in the statement of claim also be referred to by a pseudonym in this proceeding.  The plaintiff also sought orders that those documents currently on the court that identify the plaintiff and/or the non-party individual be sealed up on the court file, not to be opened except in accordance with an order of this Court. The defendant did not oppose the application. 

  1. For the reasons which follow, I will grant the application and make the orders set out in paragraph [12] of these reasons.

  1. The plaintiff’s solicitor deposed to the material facts upon which the application is made, and exhibited a proposed statement of claim.[1] I accept and rely on the matters deposed to but will not recite the material facts in these reasons.

    [1]Affidavit of Merys Williams dated 7 September 2018.

  1. In RN v The Commonwealth I set out the principles governing applications of this kind.[2]  Those principles may be briefly summarised as follows:

    [2](2014) 41 VR 699, 702 [12]-[17].

(a)   The Open Courts Act 2013 (Vic) does not limit or affect the power of a court to make an order concealing the identify of a person by restricting the way that person is referred to in open court, or by prohibiting or restricting access to the court file.

(b)   Pseudonym orders differ from other restrictions on open justice, such as suppression and closed court orders.  The public nature of the proceeding and the ability of the media to report on the proceedings will only be restricted as to the identity of the individual given a pseudonym.[3]  Accordingly, there is no need for media interests to be heard in respect of making such an order, although breach of such an order may give rise to liability in contempt.

(c)    The power to make pseudonym orders at common law is well established.[4]  The categories in which such orders may be made to prevent prejudice to the administration of justice include, relevantly, cases:

[4]Witness v Marsden (2000) 49 NSWLR 429; R v Smith (1996) 86 A Crim…

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Martin v Victoria [2018] VSC 536
Case
[2018] VSC 536
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CaseChat Overview and Summary

The matter of Martin v Victoria was heard by the court, where the plaintiff sought to proceed under a pseudonym to protect their identity. The dispute centred around the plaintiff's desire to maintain anonymity in proceedings that had the potential to cause significant personal and professional harm if their identity was disclosed. The case required the court to navigate the tension between the open justice principle and the need to protect the plaintiff's identity in exceptional circumstances.

The court was tasked with determining whether it was appropriate to allow the plaintiff to use a pseudonym, both in the court records and in the proceedings themselves. This involved balancing the plaintiff's right to privacy and protection against the principle of open justice, which is foundational to the Australian legal system. The court also had to consider whether granting the pseudonym would prejudice the administration of justice or the rights of other parties involved in the case.

The court concluded that the exceptional circumstances of the case warranted the use of a pseudonym. The plaintiff's identity was deemed highly sensitive, and there was a significant risk of harm if their identity were to be disclosed. The court found that the open justice principle could be appropriately balanced with the need for confidentiality in this instance, as the harm to the plaintiff outweighed the public interest in open proceedings. As a result, the court granted the plaintiff's application to proceed under a pseudonym, ensuring that their identity would remain protected throughout the litigation process.

Orders

Orders of the court

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Background

Background to the litigation

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