appropriate to make an interim order suppressing Ms McGinn's identity as a party in this proceeding.
18 At 5.12 pm on the same day, the applicant sent an email to the Court with a communication addressed to me:
I am writing, per s13 of AD(JR) Act, to request a written reasons for your decision not to make interim suppression order, including the material on which the finding 'it is not appropriate' was based and give reasons for that refusal.
Given my next filing date is on 16/9/2024, could you please provide the written reasons by 6/9/2024?
(Original in italics.)
19 On the morning of 4 September 2024, I directed the Registry to send the following email, addressed to the applicant, to the parties:
Your email of 3 September 2024 at 5.12 pm has been referred to his Honour.
His Honour has instructed me to advise that his decision not to make an interim suppression order is not a decision to which s 13 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) applies.
Once his Honour has determined the interlocutory application that you propose to bring for a suppression order, he will publish written reasons for his decision. The written reasons will include his reasons for not making an interim suppression order.
20 At 9.59 am on the same day, the applicant sent an email to the Court asking that "the following Application of Recusal on Actual Bias to Justice Yates for consideration" be forwarded to me:
Firstly, decision made by OAIC is not listed as excluded decision under Schedule 2 of AD(JR) Act, therefore, your response is false.
Secondly, your statement the written reason will be given with interlocutory application is an admission it is not excluded.
That is a display of actual bias: so committed to the refusal even with a false statement.
(Original in italics.)
21 Further communications passed between the applicant and the Court on 5 and 6 September 2024 in respect of the applicant's allegation of bias.
22 At 9.07 am on 5 September 2024, the applicant sent another email to the Court containing a communication addressed to me:
In relation to my Application of Recusal, given my next filing date is on 16/9/2024, please advise your decision by COB tomorrow, alternatively, extend the date for order 1 taking into account the time the court needs to consider the application.
If the respondent requests the same extension for order 2, please extend for order 3 as well.
