Vinall v Bank of Western Australia Limited trading as Bankwest (No 2)

The matter first came before Burley J on 4 February 2026. Mr Vinall appeared in person and was assisted by his wife as a McKenzie friend. He asked for his name to be anonymised and for personal information relating to his medical condition to be kept confidential. Burley J invited him to make an application under s 37AF for suppression orders over personal health information, but noted there was no evidence before the court about the medical condition. No orders were made at that hearing.

The proceeding was then docketed to Owens J and later came before Registrar White for case management on 19 February 2026. At that point, a further urgent duty application was foreshadowed. Registrar White made interim orders preventing publication or disclosure of Mr Vinall's identity except to limited categories of people, and also ordered that documents filed to date not be published or otherwise disclosed until further order.

A further urgent application came before Cheeseman J on 20 February 2026. Mr Vinall appeared by Microsoft Teams and was again assisted by his wife. That application was heard in open court. Cheeseman J dismissed his application for injunctive relief after 5.00 pm on 20 February 2026. Mr Vinall requested written reasons and said he was in the process of engaging counsel and a solicitor.

When making orders on 20 February 2026, the judge told Mr Vinall that once written reasons were delivered there would be an opportunity to bring forward any application for a pseudonym and or suppression order. The judge also indicated that, at that stage, she was not persuaded it was appropriate to make a pseudonym order. Written reasons in the earlier matter were delivered on 24 February 2026.

On 24 February 2026, the court ordered that any application to suppress any part of the earlier reasons or anonymise the applicant's name had to be notified by email to chambers by 2.00 pm on 25 February 2026. If notified, the application would be heard on 26 February 2026. Mr Vinall did not notify the application by the deadline. Chambers then emailed noting that no notification had been given as required.

Later that afternoon, Mr Vinall replied asking whether another application was needed and sought a slight extension. Chambers responded that if he wished to press the application it could be heard not before 11.00 am on 26 February 2026, and a Microsoft Teams link was provided so he could attend remotely.

On the morning of 26 February 2026, Mr Vinall emailed Registry asking whether interim protections had been lifted, said he intended to file an urgent non-publication application and, if necessary, a fresh application for pseudonym and suppression orders, and asked for seven days to obtain legal representation and prepare materials.

He also emailed chambers saying he intended to pursue orders under s 37AF, that he was unwell and unable to prepare affidavit material about medical and safety matters, and that he wanted the matter stood over until Monday.

At the hearing at 11.00 am on 26 February 2026, there was no appearance by Mr Vinall. The court officer confirmed that no one appeared for him after the matter was called outside court. The Microsoft Teams link remained available throughout the hearing, but neither Mr Vinall nor his wife joined it. Bankwest appeared through counsel as a courtesy to the court and took a neutral position on any application for suppression or use of a pseudonym. The second respondent did not appear.

That non-attendance became an important part of the story. The court was satisfied that Mr Vinall had been given the opportunity to press the application. The judge then had to decide whether the material already before the court justified continuing secrecy. It did not.

The court described the concept of necessity under s 37AG(1)(a) as a high bar. The reason is straightforward. Suppression and non-publication orders are a departure from the principle of open justice. Australian courts generally conduct proceedings publicly, identify the parties publicly and publish reasons publicly unless there is a legally sufficient basis to do otherwise.

That matters for business owners because many commercial disputes involve information that is sensitive in a practical sense. A founder may worry about reputation. A borrower may worry about lenders seeing the case. A company may worry about counterparties, investors or customers reacting badly. But those concerns do not automatically satisfy the statutory test. The court is not asking whether privacy would be useful.

It is asking whether secrecy is necessary to prevent prejudice to the proper administration of justice.

The judgment also shows that the court expects precision. If a party wants part of a judgment, affidavit, exhibit or court file protected, the court will usually expect that material to be identified with particularity. A broad request to suppress the whole file or anonymise the entire proceeding is much harder to justify, especially where the applicant does not explain exactly which passages or documents create the alleged risk.

In short, the legal framework in this case was not unusual, but the court applied it strictly. Open justice remained the default, and the applicant had to displace that default with evidence and a focused case. He did not do so.

The court then assessed the substance of the material. Cheeseman J said that the materials placed before the court, albeit informally, were in the main bare assertions and bereft of independent evidence that would substantiate those assertions. That finding was central. The applicant had referred to medical and psychological vulnerability, but there was no proper evidentiary foundation. He also referred to safety protections and a related criminal matter, but the court described that as wholly unparticularised.

The reasons advanced for secrecy were reduced by the court to four broad matters: asserted medical and psychological vulnerability, a desire to conceal the proceeding from potential financiers, a desire to conceal it from parties in other proceedings involving him or his family, and a generalised reference to safety protections and a related criminal matter. On the evidence before the court, those matters did not justify the orders sought.

The breadth of the application also counted against it. The court said Mr Vinall brought a blanket application that in effect sought to suppress the whole court file and anonymise his identity. He had not identified with particularity any part of the earlier reasons for judgment that should be the subject of a suppression or non-publication order. That lack of precision made the application harder to sustain.

Importantly, the court went further and said that the second and third reasons advanced by Mr Vinall tended to demonstrate that the orders, if made, may have the contrary effect. In the earlier judgment, one factor weighing heavily against injunctive relief was that his objective appeared to be to circumvent one of the intended objectives of the credit reporting scheme under the Privacy Act 1988 (Cth), to the potential detriment of third-party financiers.

Cheeseman J said similar public policy considerations weighed against making suppression and non-publication orders here.

The result was that the court declined to make a pseudonym order and declined to suppress the earlier reasons for judgment. Orders 5 and 6 made by Registrar White on 19 February 2026 were discharged. Order 1 made by Cheeseman J on 24 February 2026 was also discharged. The earlier reasons in Vinall v Bankwest [2026] FCA 143, having already been provided to the parties and their legal advisers, were ordered to be published on the court's website.

In practical terms, the temporary confidentiality protections ended and open justice prevailed.

The case also shows that motive matters. The court was not persuaded by the applicant's desire to conceal the proceeding from potential financiers or from parties in other litigation. In fact, the judgment treated those reasons as tending against the orders sought. For business owners, that is an important warning.

If the practical aim of a confidentiality application is to manage commercial optics, avoid scrutiny by lenders, or keep other counterparties from learning about a dispute, that may undermine the application rather than support it.

Another practical lesson is that evidence matters more than assertion. If a business genuinely needs confidentiality because publication would create a legally relevant risk, the application should be supported by proper affidavit material and should explain the risk in concrete terms. Informal emails, broad claims of sensitivity, or unparticularised references to safety or health issues may not be enough.

Process also matters. The applicant in this case was given opportunities to press the application, was told how and when to notify it, and was given a remote attendance option. He still did not appear. Courts may accommodate genuine difficulties, but they still expect parties to comply with directions, meet deadlines and attend hearings. For a business under pressure, missing those steps can be fatal to an interlocutory application.

Finally, this case is a reminder that interim protections are only interim. A temporary suppression arrangement made while the court considers an issue does not mean the final order will be granted. If the final application fails, those temporary protections can be discharged and the material may then become public.

Second, the court expects precision. The applicant sought what the court described as a blanket application to suppress the whole court file and anonymise his identity. He did not identify with particularity any part of the earlier reasons that should be suppressed. For businesses, that is a practical drafting lesson. If only certain information is sensitive, ask for protection over that information and explain why. A broad application can look disproportionate and may be easier for the court to refuse.

Third, the court expects engagement with the process. Here, the applicant had multiple opportunities to press the application and was given a remote hearing link. His failure to attend was not the only reason the application failed, but it was a significant part of the procedural context. If your business wants urgent or exceptional relief, someone needs to be ready to appear and answer the court's questions.

Fourth, the reasons you give for secrecy need to help rather than hurt. The court considered that the applicant's wish to conceal the proceeding from potential financiers and from parties in other proceedings tended to point against the orders sought. That is especially relevant in disputes touching on lending, credit reporting or financial disclosure. If the court sees the application as cutting across public policy or the interests of third parties, that can be a serious problem.

Finally, remember the difference between temporary and final protection. Interim orders may be made to hold the position while the court decides the issue, but they can be discharged if the final threshold is not met. Businesses should plan on the basis that a failed confidentiality application may result in publication of reasons or access to filed material.