Keyzer v La Trobe University [2019] FCA 646

Keyzer v La Trobe University [2019] FCA 646

Suppression or non-publication orders under s 37AG(1)(a) cannot be made where the relevant information has already been disclosed in the public domain, rendering any order ineffectual, and mere embarrassment, distress, or confidentiality under internal workplace policies are not sufficient grounds in the absence of necessity to prevent prejudice to the proper administration of justice as required by the Act.

Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Application for Suppression/non Publication Orders in Principal Employment Proceeding / Interlocutory Application—orders for Suppression, Leave to Intervene
Outcome
Application for suppression/non-publication order dismissed; leave to intervene granted; interim suppression order revoked.
Legal Topics
['suppression Orders' 'confidentiality' 'workplace Grievances' 'open Justice']
['practice and Procedure' 'employment Law'] ['suppression Orders' 'confidentiality' 'workplace Grievances' 'open Justice']

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Procedural Posture

Application for Suppression/non Publication Orders in Principal Employment Proceeding / Interlocutory Application—orders for Suppression, Leave to Intervene

Legal Issues

  1. 1 ["Whether suppression or non-publication orders should be made protecting workplace complainant's identity and complaint details" 'Whether confidentiality was lost prior to application' 'Whether leave to intervene is necessary for complainants to seek suppression orders']

Ratio Decidendi

Suppression or non-publication orders under s 37AG(1)(a) cannot be made where the relevant information has already been disclosed in the public domain, rendering any order ineffectual, and mere embarrassment, distress, or confidentiality under internal workplace policies are not sufficient grounds in the absence of necessity to prevent prejudice to the proper administration of justice as required by the Act.

Court Disposition

Application for suppression/non-publication order dismissed; leave to intervene granted; interim suppression order revoked.

Orders

  • ['The interveners have leave to intervene for the purpose of this application.' 'The interim suppression order made under s 37AI on 11 April 2019 be revoked.' 'The application for suppression or non-publication orders be dismissed.']