Hanson-Young v Leyonhjelm (No 3) [2019] FCA 645

FEDERAL COURT OF AUSTRALIA

Hanson-Young v Leyonhjelm (No 3) [2019] FCA 645 File number: NSD 1370 of 2018

Judge: WHITE J

Date of judgment: 29 April 2019

Catchwords: PRACTICE AND PROCEDURE – application pursuant to s 47A of the Federal Court of Australia Act 1976 (Cth) for the oral testimony of two witnesses in defamation proceedings to be taken by videolink – consideration of factors relevant to the discretion under s 47A – application allowed in part.

Legislation: Federal Court of Australia Act 1976 (Cth) s 47A

Cases cited: Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) [2009] FCA 1306; (2009) 181 FCR 152

Date of hearing: 29 April 2019

Registry: New South Wales

Division: General Division

National Practice Area: Other Federal Jurisdiction

Category: Catchwords

Number of paragraphs: 15

Counsel for the Applicant: Mr K Smark SC with Ms S Chrysanthou

Solicitor for the Applicant: Kennedys

Counsel for the Respondent: Mr AJH Morris QC with Mr K Stoyle

Solicitor for the Respondent: Sterling Law

ORDERS NSD 1370 of 2018

BETWEEN: SARAH HANSON-YOUNG Applicant

AND: DAVID EAN LEYONHJELM Respondent

JUDGE: WHITE J DATE OF ORDER: 29 APRIL 2019

THE COURT ORDERS THAT:

1. On the Applicant's Interlocutory Application filed 26 April 2019, pursuant to s 47A of the Federal Court of Australia Act 1976 (Cth) the testimony of Senator Jordon Steele-John may be taken by videolink to the Perth Federal Court. 2. The Applicant's application for the evidence of Senator Rachel Siewert to be taken by videolink is refused. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.