Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited
[2019] FCA 1346
•21 August 2019
FEDERAL COURT OF AUSTRALIA
Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited [2019] FCA 1346
File number: NSD 1144 of 2019 Judge: ALLSOP CJ Date of judgment: 21 August 2019 Catchwords: PRACTICE AND PROCEDURE – where claims brought against the Uniting Church arising from alleged sexual abuse in connection with schools run by the Church – where interlocutory application made for non-publication and suppression orders – orders made to prevent prejudice to the proper administration of justice Legislation: Federal Court of Australia Act 1976, ss 37AF, 37AG Date of hearing: 21 August 2019 Registry: New South Wales Division: General Division National Practice Area: Commercial and Corporations Sub-area: Commercial Contracts, Banking, Finance and Insurance – Insurance List Category: Catchwords Number of paragraphs: 5 Counsel for the Applicant: Mr D L Williams SC with Mr P Mann Solicitor for the Applicant: Clayton Utz Counsel for the Respondent: Mr B C A Bradley Solicitor for the Respondent: HWL Ebsworth Lawyers ORDERS
NSD 1144 of 2019 BETWEEN: UNITING CHURCH IN AUSTRALIA PROPERTY TRUST (NSW)
Applicant
AND: ALLIANZ AUSTRALIA INSURANCE LIMITED ACN 000 122 850
Respondent
JUDGE:
ALLSOP CJ
DATE OF ORDER:
21 AUGUST 2019
THE COURT ORDERS THAT:
1.Pursuant to sections 37AF and 37AG(1)(a), (c) and/or (d) of the Federal Court of Australia Act 1976 (Cth) (Federal Court Act), non-publication orders and suppression orders are made such that:
(a)the names of the individuals in the Confidential List of Names and Pseudonyms exhibited to the Affidavit of Ashley Argyris Tsacalos as Exhibit AAT-2 (Confidential List of Names and Pseudonyms), and any particulars that might enable any of the individuals to be identified, are not to be disclosed (by publication or otherwise) without the leave of the court, to any person other than:
(i)the Court;
(ii)the parties; and
(iii)the legal representatives of the parties;
(b)the individuals identified in the attached Confidential List of Names and Pseudonyms are to be known as the corresponding pseudonyms in that Schedule; and
(c)the individuals in the attached Confidential List of Names and Pseudonyms are to be referred to by the corresponding pseudonyms in all documents or records filed in these proceedings and in all open exchanges in Court.
2.Pursuant to sections 37AF and 37AG(1)(a), (c) and/or (d) of the Federal Court Act, suppression and non-publication orders are made such that the names of any current or former students of Knox Grammar School or any family member of a current or former student of Knox Grammar School referred to in any evidence in the proceedings (in addition to those referred to in Order 1), are not to be disclosed (by publication or otherwise), without the leave of the Court, to any person other than:
(a)the Court;
(b)the parties; and
(c)the legal representatives of the parties.
3.Pursuant to sections 37AF and 37AG(1)(a), (c) and/or (d) of the Federal Court Act, suppression and non-publication orders are made such that the names of any current or former teacher of Knox Grammar School referred to in any evidence in the proceedings (in addition to those referred to in Order 1), are not to be disclosed (by publication or otherwise), without the leave of the Court, to any person other than:
(a)the Court;
(b)the parties; and
(c)the legal representatives of the parties.
4.Orders 1, 2 and 3 shall operate until further order of the Court pursuant to section 37AJ of the Federal Court Act.
5.Orders 1, 2 and 3 are made on the ground that each is necessary to prevent prejudice to the proper administration of justice.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
(Revised from the transcript)ALLSOP CJ:
This is a first case management hearing in relation to this matter. The matter involves a claim on the respondent insurer by the applicant, the Uniting Church in Australia Property Trust (NSW) (the Church), in relation to claims brought against the Church arising from alleged sexual abuse in connection with schools run by the Church.
The concise statement and future material will necessarily contain highly confidential information about individuals. Orders are sought for the protection of that confidentiality in precise terms to which I will refer in a moment.
There is an affidavit of Ashley Argyris Tsacalos sworn on 20 August 2019 which I have perused and which will be taken as read, there being no objection to any part thereof. There are helpful submissions filed by senior counsel and junior counsel for the applicant. I have read those submissions. They will remain on the file and are to be electronically filed.
Broadly, for the reasons contained in those submissions, which I accept for the purposes of this application, I am prepared to make the orders sought in the interlocutory application.
The requirement to explain the making of confidentiality and suppression orders is fully contained by my adoption of those submissions for the purposes of the current motion. Therefore, for those reasons, I make orders 1, 2, 3, 4 and 5 set out in the interlocutory application dated 20 August 2019.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Allsop. Associate:
Dated: 21 August 2019
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