Order 5.
7. The issue referred to in Order 5 be determined on the papers.
8. The matter be listed for a case management hearing on 14 October 2024 at 9:30 am.
11 Orders 5 to 7 were made after I had indicated the appropriateness of making Orders 1 to 4.
12 Immediately following the case management hearing on the morning of 2 September 2024, a course of correspondence commenced between the applicant and the Court. I will detail that correspondence (omitting formal parts).
13 At 10.12 am on 2 September 2024, the applicant sent an email to the Court with a communication addressed to me:
Further to the directions made today, the applicant applies for an interim order to use pseudonym for the applicant in the proceedings until the interlocutory application for suppression order is determined.
The respondent is cc'd in.
14 Later that day, I directed the Registry to send an email to the parties, as follows:
Ms McGinn's email seeking an interim suppression order has been referred to the Chambers of Yates J. His Honour has asked me to advise that he is not satisfied on the material presently before him that it is appropriate to make an interim order suppressing Ms McGinn's identity as a party in this proceeding.
15 At 2.56 pm on the same day, the applicant sent a further email to the Court with another communication addressed to me:
Just to clarify that my application for interim order is per s37AI of Part VAA of FCA Act, which to be made without determining the merits (material) of the substantive application, rather, it is an exercise of discretion (the Court may).
And the relevant considerations are APP2 of Privacy Act and s37AC of FCA Act.
16 At 1.45 pm on 3 September 2024, the applicant sent another email to the Court with a communication addressed to me:
The registry confirmed that my email (further submissions) clarifying the legal basis of my interim suppression order application has also been forwarded to you with the request to change the date for order 3, however, the amended order didn't mention it.
Please advise when you will consider the further submissions and advise your decision on the interim order?
17 Later that day, I directed the Registry to send the following email to the parties:
His Honour notes Ms McGinn's email of 2 September 2024 at 2.56 pm. The position remains that his Honour is not satisfied on the material presently before him that it is
