TTT and JJJ v State of Victoria

In the case of TTT and JJJ v State of Victoria, the applicants, two minors, sought leave to commence common law proceedings against the State of Victoria for damages. They did so through their litigation guardian, applying for the proceedings to be conducted under pseudonyms to protect their identities. The dispute involved claims that the defendant had negligently failed to protect the child siblings from family violence, including sexual assault. The court was required to decide whether the applicants could proceed with their claims under pseudonyms, given their vulnerability as child victims of family violence.

The court considered the principles surrounding applications by minors to proceed under pseudonyms and the potential deterrence of bringing claims without such protection. It recognised the importance of safeguarding the identities of child victims of family violence, noting that revealing their identities could cause further harm and deter them from pursuing their legal rights. The court concluded that in this case, the applicants might reasonably be deterred from bringing their claims without the protection of their identities. It further observed that the identification of child victims of family violence should be approached with caution, emphasising the need to balance the child's right to privacy with the public interest in the administration of justice.

The court granted the applications, allowing the minors to proceed with their claims under pseudonyms. This decision was based on the specific circumstances of the case and the need to protect the applicants' identities to prevent further harm. The orders were made under sections 18(1)(c) and 19(b) of the Supreme Court Act 1986, as well as section 4 of the Judicial Proceedings Reports Act 1958. This ruling underscores the importance of protecting the identities of child victims of family violence and the court's role in ensuring that such protection is provided when necessary.