Page:McGinn v Australian Information Commissioner (2024, FCA).pdf/5

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7 At the first case management hearing, the respondent proposed a timetable for the filing of a court book, affidavits, written outlines of submissions, and lists of authorities. The respondent also sought a listing of the proceeding for a hearing on final relief. Finally, the respondent sought an order that the name "Office of the Australian Information Commissioner" be changed to "Australian Information Commissioner".

8 The applicant opposed the making of an order changing the name of the respondent. She also raised several preliminary matters. First, she sought an extension of time to file a genuine steps statement. Secondly, she sought an order that her identity be supressed and that she be identified only by a pseudonym. Thirdly, she sought an order that the costs of the proceeding be capped. Fourthly, she complained that the respondent had not filed a notice of address for service pursuant to r 5.02 of the Rules.

9 The applicant addressed me briefly on why her identity should be suppressed after I had informed her that I could not see any basis for such an order. I was not prepared to make such an order based on the material then before me. I also had insufficient information to persuade me that a costs-capping order should be made.

10 I therefore made the following orders:

1. By 4:00 pm on 16 September 2024, the applicant file and serve any interlocutory application seeking any order that:

(a) her identity as a party to this proceeding be suppressed; and/or
(b) costs in the proceeding be capped to a maximum amount,
and any affidavit evidence in support of such relief, together with an outline of written submissions, limited to five pages.

2. By 4:00 pm on 30 September 2024, the respondent file and serve any affidavit evidence in response, and any outline of written submissions in response (limited to five pages), to the affidavit evidence and written submissions referred to in Order 1.

3. By 4:00 pm on 7 October 2024, the applicant file and serve any affidavit evidence in reply, and any written submissions in reply (limited to two pages), to the affidavit evidence and written submissions referred to in Order 2.

4. The interlocutory application referred to in Order 1 be determined on the papers.

5. By 4:00 pm on 9 September 2024, the respondent file short written submissions addressing the reason(s) why the respondent's name should be changed to the Australian Information Commissioner.

6. By 4:00 pm on 16 September 2024, the applicant file and serve any short written submissions in response to the written submissions referred to in

McGinn v Australian Information Commissioner [2024] FCA 1185
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