A School v Human Rights and Equal Opportunity Commission & Anor [1998] FCA 1455

A School v Human Rights and Equal Opportunity Commission & Anor [1998] FCA 1455

The Court forbids publication of identifying information of the applicant, second respondent, relevant teachers, and house at the school pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth), to preserve the Commission's power under s 87 to determine publication matters on rehearing.

Parties
Applicant: A school; First Respondent: Human Rights and Equal Opportunity Commission; Second Respondent: Mrs J (on behalf of herself and AJ)
Jurisdiction
Australia
Judgment Date
11 November 1998
Procedural Posture
Application for Judicial Review / Reasons for Decision on Referral and Suppression Order
Outcome
Order made forbidding publication of identifying information until further order; liberty to apply to vary/discharge.
Legal Topics
Suppression of Publication, Powers of Human Rights and Equal Opportunity Commission, Referral for Rehearing
Administrative Law Disability Discrimination Suppression of Publication Powers of Human Rights and Equal Opportunity Commission Referral for Rehearing

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Parties

A school

Applicant

Human Rights and Equal Opportunity Commission

First Respondent

Mrs J (on behalf of herself and AJ)

Second Respondent

Procedural Posture

Application for Judicial Review / Reasons for Decision on Referral and Suppression Order

Legal Issues

  1. 1 Whether publication of parties' identities should be suppressed pending further hearing before the Commission
  2. 2 Whether the matter should be referred back to the Human Rights and Equal Opportunity Commission for partial rehearing and determination

Ratio Decidendi

The Court forbids publication of identifying information of the applicant, second respondent, relevant teachers, and house at the school pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth), to preserve the Commission's power under s 87 to determine publication matters on rehearing.

Court Disposition

Order made forbidding publication of identifying information until further order; liberty to apply to vary/discharge.

Orders

  • Forbidding, until further order, the publication of the names of the applicant, the second respondent, the relevant teachers at the school, and the house at the school to which the younger respondent was attached.
  • Liberty generally to the parties and any person with proper and sufficient interest to apply to vary or discharge the order.