Rivera v Australian Broadcasting Corporation [2005] FCA 661

FEDERAL COURT OF AUSTRALIA

Rivera v Australian Broadcasting Corporation [2005] FCA 661

JURISDICTION – broadcast of a program by the Australian Broadcasting Corporation concerning law students working at Kingsford Legal Centre – program discussed the applicant's extradition case – allegation that broadcast was misleading and deceptive conduct – allegation that broadcast was breach of Privacy Act 1988 (Cth) – allegations of defamation and breach of confidence – broadcast exempt from operation of s 52 of Trade Practices Act 1974 (Cth) under s 65A of that Act – acts done by a media organisation in the course of journalism are exempt from the Privacy Act under ss 7(1)(ee) and 7B – no jurisdiction under any federal Act to hear the matter – no accrued jurisdiction to hear the allegations of defamation and breach of confidence SECURITY FOR COSTS – applicant a citizen of the United States of America ("USA") - applicant in prison pending extradition to the USA to face trial for murder – person held in gaol against their will is not ordinarily resident in that country – applicant not ordinarily resident in Australia despite desire to remain – applicant has virtually no assets in Australia – security for costs would have shut down applicant's ability to prosecute his case – security for costs would not have been ordered had there been jurisdiction to hear his application

Trade Practices Act 1974 (Cth), ss 52, 65A Privacy Act 1988 (Cth), ss 7, 7B, 98 Extradition Act 1988 (Cth), s 12, 19 Federal Court of Australia Act 1976 (Cth), ss 19, 32, 56 Federal Court Rules, Order 28 Fencott v Muller (1983) 152 CLR 570 – referred to Stack v Coast Securities (No 9) Pty Ltd (1983) 154 CLR 261 – referred to Global Sportsman Pty Ltd v Mirror Newspapers Ltd (1984) 2 FCR 82 – referred to Advanced Hair Studio Pty Ltd v T V W Enterprises Ltd (1987) 18 FCR 1 – distinguished Yorke v Lucas (1985) 158 CLR 661 – distinguished Barton v Minister for Foreign Affairs (1984) 2 FCR 463 – cited Jodast Pty Ltd v A & J Blattner Pty Ltd (1991) 104 ALR 248 – applied In Marriage of Woodhead (1997) 141 FLR 227 – cited Brown v Dunn (1893) 6 R 67 – applied LAWRENCE JOHN RIVERA v AUSTRALIAN BROADCASTING CORPORATION N 1418 of 2004 HILL J 25 MAY 2005 SYDNEY