Oliver v Nine Network Australia Pty Ltd [2019] FCA 583

FEDERAL COURT OF AUSTRALIA

Oliver v Nine Network Australia Pty Ltd [2019] FCA 583 File number: NSD 1798 of 2018

Judge: LEE J

Date of judgment: 26 April 2019

Catchwords: HIGH COURT AND FEDERAL COURT – federal jurisdiction – issue in relation to jurisdiction of Federal Court in defamation matters identified – first duty of Court to determine questions of jurisdiction – jurisdiction established – discussion of jurisdiction of Federal Court in defamation matters generally DEFAMATION – statements amounting to defamation – particular statements – imputations – television broadcast and website publication – where the applicant alleges that the publications give rise to six defamatory imputations –where the action was tried by a judge sitting alone – whether the alleged imputations or substantially similar imputations are conveyed – two imputations conveyed which are defamatory of the applicant DAMAGES – general damages – assessment – aggravation – where s 34 of the Defamation Act 2005 (NSW) requires damages to bear a rational relationship to harm – no award of aggravated damages warranted – assessment of damages COSTS – observations on Rule 40.08 of the Federal Court Rules which although not applicable because of size of judgment would apply when a proceeding could have been more suitably dealt with in a non-superior court with a fixed monetary jurisdiction and the importance of giving consideration to the likely quantum of damages when deciding whether to commence a defamation proceeding in the Federal Court

Legislation: Corporations Act 2001 (Cth) Ch 2B, Pt 2A.2, ss 119, 124, 1378 Evidence Act 1995 (Cth) s 140 Judiciary Act 1903 (Cth) ss 39B(1A)(c), 64 Federal Court of Australia Act 1976 (Cth) Part VB Defamation Act 2005 (NSW) ss 11, 31, 33, 34, 35, 36