CVV v United Resource Management Pty Ltd (URM) [2016] NSWCATAD 271

CVV v United Resource Management Pty Ltd (URM) [2016] NSWCATAD 271

The cumulative circumstances—the ongoing nature of the applicant's employment, personal and anonymous sexual harassment allegations, claimed victimisation, existence of explicit materials, and public interest in access to justice—make this case sufficiently 'special' and 'out of the ordinary' to warrant a non-disclosure order suppressing the applicant's identity and addresses until further order.

Jurisdiction
Australia
Judgment Date
24 November 2016
Procedural Posture
Discrimination/victimisation Claim / Application for Non Disclosure Order; Interlocutory
Outcome
Non-disclosure order made; applicant's identity and addresses suppressed until further order.
Legal Topics
['non Disclosure Orders' 'suppression of Identity' 'sexual Harassment' 'victimisation' 'discrimination']
['administrative Law' 'equal Opportunity Law'] ['non Disclosure Orders' 'suppression of Identity' 'sexual Harassment' 'victimisation' 'discrimination']

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Procedural Posture

Discrimination/victimisation Claim / Application for Non Disclosure Order; Interlocutory

Legal Issues

  1. 1 ["Whether a non-disclosure order suppressing applicant's identity and addresses should be made under s64(1)(a) Civil And Administrative Tribunal Act 2013"]

Ratio Decidendi

The cumulative circumstances—the ongoing nature of the applicant's employment, personal and anonymous sexual harassment allegations, claimed victimisation, existence of explicit materials, and public interest in access to justice—make this case sufficiently 'special' and 'out of the ordinary' to warrant a non-disclosure order suppressing the applicant's identity and addresses until further order.

Court Disposition

Non-disclosure order made; applicant's identity and addresses suppressed until further order.

Orders

  • ["The Applicant is to be identified by the pseudonym 'CVV' at all times in published reasons, reports and in the proceedings generally." "The identity of the Applicant is not to be disclosed by the parties to these proceedings, or by any other persons and he is to be referred to as 'CVV'." 'The work and home...