Federal Court of Australia
Federal Court of Australia
Joukhador v Network Ten Pty Ltd [2021] FCAFC 37 Appeal from: Joukhador v Network Ten Pty Ltd [2020] FCA 746
File number: NSD 660 of 2020
Judgment of: RARES, WIGNEY AND BROMWICH JJ
Date of Judgment: 23 February 2021
Date of Publication of Reasons: 16 March 2021
Catchwords: PRACTICE AND PROCEDURE – application for extension of limitation period to commence action in defamation pursuant to ss 14B and 56A Limitation Act 1969 (NSW) – whether not reasonable in circumstances for applicant to have commenced action in defamation within one year of publication complained of – where applicant solicitor arrested and held on serious charges on remand at time of original publication – where applicant unaware of publication complained of but aware generally of adverse publicity relating to charges – where applicant's circumstances were that criminal proceedings concurrent with proceedings by Law Society to suspend practising certification and personal issues caused him to feel only capable of dealing with criminal and regulatory proceedings – where commencing defamation action would create real risk of prejudice to defence in criminal proceedings
Legislation: Evidence Act 1995 (Cth) s 75 Crimes Act 1900 (NSW) ss 93T(4A), 192E(1)(b) Defamation Act 2005 (NSW) ss 25, 26, 42(1) Defamation Amendment Bill 2002 (NSW) Limitation Act 1969 (NSW) ss 14B, 56A)
Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Barrett v TCN Channel Nine Pty Ltd (2017) 96 NSWLR 478 Belhaven and Stenton Peerage (1875) 1 App Cas 278 Chamberlain v The Queen [No 2] (1984) 153 CLR 521 Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46 Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 186 Gregg v Fairfax Media Publications Pty Ltd [2017] FCA 440 Lewis v Daily Telegraph Ltd [1964] AC 234 Mirror Newspaper Ltd v Harrison (1982) 149 CLR 293 Noonan v MacLennan [2010] 2 Qd R 537 Pingel v Toowoomba Newspapers Pty Ltd [2010] QCA 175 R v Hillier (2007) 228 CLR 618 Rayney v The State of Western Australia [No 3] [2010] WASC 83 State of Queensland v O'Keefe [2016] QCA 135 Telstra Corp v Australis Media Holdings (unreported, NSWSC, McLelland CJ in Eq, 18 March 1997)
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