PVYW v Comcare Australia

[2011] FCA 535

FEDERAL COURT OF AUSTRALIA

PVYW v Comcare Australia [2011] FCA 535

Citation:	PVYW v Comcare Australia [2011] FCA 535
Appeal from:	Appeal from a decision of the Administrative Appeals Tribunal
Parties:	PVYW v COMCARE AUSTRALIA
File number:	NSD 1761 of 2010
Judge:	NICHOLAS J
Date of judgment:	20 May 2011
Catchwords:	PRACTICE AND PROCEDURE – application for suppression of applicant’s name – s 50 of the Federal Court of Australia Act 1976 (Cth) – consideration of principle of open justice – whether suppression necessary to prevent prejudice to the administration of justice – applicant suffering psychological injuries –applicant will not continue proceeding if name not suppressed –proceeding involves matters of statutory interpretation based upon agreed facts – application not motivated by simple desire to avoid embarrassment or ridicule – order made to suppress applicant’s name
Legislation:	Federal Court of Australia Act 1976 (Cth) s 50(1) Administrative Appeals Act 1975 (Cth) s 35(2)
Cases cited:	Attorney-General (NSW) v Nationwide News Pty Ltd (2007) 73 NSWLR 635 Australian Broadcasting Commission v Parish (1980) 29 ALR 228 Commission of Taxation v H (2010) 268 ALR 101 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Dye v Commonwealth Securities Ltd(No 2) [2010] FCAFC 118 Hogan v Australian Crime Commission& Ors (2010) 240 CLR 651 X v Australian Prudential Regulation Authority (2007) 226 CLR 630
Date of hearing:	17 May 2011
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	24
Counsel for the Applicant:	Mr LT Grey
Solicitor for the Applicant:	Pappas, J. – Attorney
Solicitor for the Respondent:	Sparke Helmore Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1761 of 2010

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	PVYW Applicant
AND:	COMCARE AUSTRALIA Respondent

JUDGE:	NICHOLAS J
DATE OF ORDER:	20 MAY 2011
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to Section 50 of the Federal Court of Australia Act 1976 and subject to any further order or direction of the Court:

(a)publication of the true name and address of the applicant, as described in confidential exhibit EX1 to the Affidavit of Nigel John Gabbedy affirmed 9 February 2011, be forbidden;

(b)this proceeding continue on the basis that the applicant be identified by the pseudonym “PVYW” in all documents filed in relation to the appeal, or generated by the Court Registry, and in the Reasons for Decision ultimately given by the Court.  

2.There be no order as to the costs of the applicant’s notice of motion.

3.The proceeding is to stand over to a date to be fixed by arrangement with the associate to Nicholas J.   

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1761 of 2010

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	PVYW Applicant
AND:	COMCARE…