Ogawa v Australian Information Commissioner

FEDERAL COURT OF AUSTRALIA

Ogawa v Australian Information Commissioner [2023] FCA 1096

File number(s):

QUD 298 of 2023

Judgment of:

MEAGHER J

Date of judgment:

14 September 2023

Catchwords:

PRACTICE AND PROCEDURE – Application for suppression orders under ss 37AG and 37AI of the Federal Court of Australia Act 1976 (Cth) (the Act) – Application for exclusion of the public from the Court room under s 17(4) of the Act – Whether necessary to suppress affidavit to prevent prejudice to the proper administration of justice – Whether interim orders should be made – Whether necessary to exclude the public in the interests of justice – Application refused

COSTS – Self-represented litigant – Discretion to award costs – No costs awarded

Legislation:

Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG, 43

Cases cited:

Cachia v Hanes (1994) 179 CLR 403; [1994] HCA 14

Ogawa v Attorney General’s Department (Recusal Application) [2023] FCA 1015

Rinehart v Rinehart (2014) 320 ALR 195; [2014] FCA 1241

Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403

The Country Care Group Pty Ltd v Commonwealth Director of Public Prosecutions (No 2) [2020] FCAFC 44

Division:

General Division

Registry:

Queensland

National Practice Area:

Administrative and Constitutional Law and Human Rights

Number of paragraphs:

15

Date of last submission/s:

21 August 2023

Date of hearing:

Determined on the papers

Counsel for the Applicant:

The applicant appeared in-person

Counsel for the Respondent:

Ms S A Amos

Solicitor for the Respondent:

Holding Redlich

ORDERS

QUD 298 of 2023

BETWEEN:

DR MEGUMI OGAWA

Applicant

AND:

AUSTRALIAN INFORMATION COMMISSIONER

Respondent

ORDER MADE BY:	MEAGHER J
DATE OF ORDER:	14 SEPTEMBER 2023

THE COURT ORDERS THAT:

1.The application for a suppression order over the applicant’s supporting affidavit contained in the originating application dated 5 July 2023 is refused.

2.The application for an interim suppression order contained in the originating application dated 5 July 2023 is refused.

3.The application for the exclusion of public persons in the Court room contained in the originating application dated 5 July 2023 is refused.

4.There be no order as to costs.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MEAGHER J

INTRODUCTION

1. On 28 August 2023, I ordered that this application be dismissed as, inter alia, the operative decision was no longer in effect and the relief sought by the applicant lacked utility: Ogawa v Attorney General’s Department (Recusal Application) [2023] FCA 1015 (Judgment).

2. A brief background of this matter is detailed at paragraphs [18]-[23] of the Judgment. Of relevance, in the applicant’s originating application she sought the following interlocutory relief:

   1.Under s 37AG(1)(a) and (c) of the Federal Court of Australia Act 1976, the supporting Affidavit sworn by Dr Megumi Ogawa be supressed until further order.

   2.Under s 37AI(1) of the Federal Court of Australia Act 1976, the interim suppression order be made until the hearing and determination of this Interlocutory Application.

   3.Under s…