Hendry v State of Western Australia [2023] FCA 1670

Hendry v State of Western Australia [2023] FCA 1670

The respondents seeking suppression did not establish that suppression was necessary under s 37AG. Bare assertions about safety or prison workplace difficulty were unsupported by evidence, and the possible overlap with a confidential Australian Human Rights Commission complaint was speculative and did not override open justice once a matter was before the Court. Leave to inspect the genuine steps statement was refused because it had not become part of the process of open justice, did not frame the applicant's case or the basis for judicial resolution, and contained material going beyond the proper function of a genuine steps statement, including details of allegations and settlement or...

Jurisdiction
Australia
Judgment Date
22 December 2023
Procedural Posture
Proceeding Seeking Remedies for Alleged Unlawful Discriminatory Conduct Involving Sexual Harassment, Disability and Sex Based Discrimination / Applications for Suppression Orders and Non Party Access to Documents Following First Case Management Hearing
Outcome
Applications for suppression were dismissed except for a short extension of the interim order for the fifth respondent; leave to inspect the genuine steps statement was refused.
Legal Topics
['suppression and Non Publication Orders' 'open Justice' 'access to Court Documents by Non Parties' 'genuine Steps Statements' 'australian Human Rights Commission Complaints and Conciliation Confidentiality']
['practice and Procedure' 'human Rights' 'discrimination Law'] ['suppression and Non Publication Orders' 'open Justice' 'access to Court Documents by Non Parties' 'genuine Steps Statements' 'australian Human Rights Commission Complaints and Conciliation Confidentiality']

Case Brief

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Procedural Posture

Proceeding Seeking Remedies for Alleged Unlawful Discriminatory Conduct Involving Sexual Harassment, Disability and Sex Based Discrimination / Applications for Suppression Orders and Non Party Access to Documents Following First Case Management Hearing

Legal Issues

  1. 1 ['Whether the fourth, fifth and sixth respondents had established a proper basis for suppression of their identities or details of the complaints.' 'Whether confidentiality attaching to Australian Human Rights Commission processes justified suppression in Federal Court proceedings.' "Whether Seven West Media and Swan Television and Radio Broadcasters Pty Ltd should be granted leave under r 2.32(4) to inspect the applicant's genuine steps statement."]

Ratio Decidendi

The respondents seeking suppression did not establish that suppression was necessary under s 37AG. Bare assertions about safety or prison workplace difficulty were unsupported by evidence, and the possible overlap with a confidential Australian Human Rights Commission complaint was speculative and did not override open justice once a matter was before the Court. Leave to inspect the genuine steps statement was refused because it had not become part of the process of open justice, did not frame the applicant's case or the basis for judicial resolution, and contained material going beyond the proper function of a genuine steps statement, including details of allegations and settlement or...

Court Disposition

Applications for suppression were dismissed except for a short extension of the interim order for the fifth respondent; leave to inspect the genuine steps statement was refused.

Orders

  • ['The operation of paragraph 2 of the orders made on 20 December 2023 is extended, in respect of the fifth respondent only, until 5.00 pm AWST on 27 December 2023.' 'The applications for suppression made by the fourth, fifth and sixth respondents are otherwise dismissed.' "Leave for Seven West Media and Swan...