Secretary, Department of Justice and Regulation v Zhong (No 2)

[2017] VSCA 19

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Open justice
3. › Pseudonym orders
4. › Anonymisation of party names
5. › Whether pseudonym order necessary to avoid prejudicing administration of justice
6. › Whether prior pseudonym orders in related proceedings sufficient basis
7. › Whether maintaining status quo sufficient reason
8. › Open Courts Act 2013 (Vic)
1. Practice and Procedure
2. › Open justice
3. › Pseudonym orders
4. › Distinction between pseudonym orders and suppression orders
5. › Inherent jurisdiction of the court
6. › Open Courts Act 2013 (Vic), ss 3, 7, 17
1. Practice and Procedure
2. › Court files
3. › Restriction of access
4. › Whether restriction of access to court file should be ordered
5. › Inherent jurisdiction

Quick Take

A party seeking a pseudonym order on appeal must independently establish that the order is necessary to avoid prejudicing the administration of justice; the existence of pseudonym orders in prior related proceedings does not of itself provide a sufficient foundation. Mere embarrassment, distress or invasion of privacy is insufficient. The consent or non-opposition of the other party is irrelevant to the Court's determination.