Quach v RU

[2019] FCA 2041

FEDERAL COURT OF AUSTRALIA

Quach v RU [2019] FCA 2041

Appeal from:

Application for leave to appeal from the orders made on 24 September 2019

File number:

ACD 66 of 2019

Judge:

RARES J

Date of judgment:

15 November 2019

Legislation:

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

Service and Execution of Process Act 1992 (Cth)

Health Care Complaints Act 1994 (NSW) s 75

Cases cited:

Bienstein v Bienstein (2003) 195 ALR 225

Oil Basins Limited v Watson (2017) 252 FCR 420

Quach v RU (No 3) [2017] ACTSC 258

Date of hearing:

15 November 2019

Registry:

New South Wales

Division:

General Division

National Practice Area:

Administrative and Constitutional Law and Human Rights

Category:

No Catchwords

Number of paragraphs:

16

Counsel for the Applicant:

The applicant appeared in person

Counsel for the Respondent:

Mr J Emmett

Solicitor for the Respondent:

Crown Solicitor for New South Wales

ORDERS

ACD 66 of 2019

BETWEEN:

DR MICHAEL VAN THANH QUACH

Applicant

AND:

RU

Respondent

JUDGE:	RARES J
DATE OF ORDER:	15 NOVEMBER 2019

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed.

2.The applicant pay the respondent’s costs.

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

REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)

RARES J:

1. This is an application for leave to appeal from an order made by a judge of the Court on 24 September 2019 in the following terms:

   3.Under s 37AH of the Federal Court of Australia Act 1976 (Cth) the name of the respondent not be published and henceforth the respondent be referred to by the pseudonym “RU”. The order is made to prevent prejudice to the administration of justice with particular regard to the matters outlined at [13] of Penfold J’s judgment in Quach v RU (No 3) [2017] ACTSC 258.

   4.Within 7 days hereof, the respective parties are to amend all their filed documents so as to comply with Order 3.

2. The order has a typographical error because the power is found in ss 37AF and 37AG of the Federal Court of Australia Act 1976 (Cth), which provide relevantly:

   37AF   Power to make orders

   (1)The Court may, by making a suppression order or non-publication order on grounds permitted by this Part, prohibit or restrict the publication or other disclosure of:

   (a)information tending to reveal the identity of or otherwise concerning any party to or witness in a proceeding before the Court or any person who is related to or otherwise associated with any party to or witness in a proceeding before the Court;

   […]

   37AG  Grounds for making an order

   (1)The Court may make a suppression order or non-publication order on one or more of the following grounds:

   (a)the order is necessary to prevent prejudice to the proper administration of justice;

   […]

   (2)A suppression order or non-publication order must specify the ground or grounds on which the order is made.

3. The proposed grounds of appeal are as follows:

   1.On the…