Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Roberts-Smith v Fairfax Media Publications Pty Limited (No 5) [2020] FCA 1067 File numbers: NSD 1485 of 2018 NSD 1486 of 2018 NSD 1487 of 2018
Judge: BESANKO J
Date of judgment: 28 July 2020
Date of Publication of Reasons: 31 July 2020
Catchwords: PRACTICE AND PROCEDURE — interlocutory application to amend defence in three defamation proceedings — where respondents plead a defence of justification and a defence of contextual truth pursuant to s 25 and 26 of the Defamation Act 2005 (NSW) respectively — where proposed amendments relate to particulars of truth — consideration of the nature and importance of the amendments — where the amendments relate to allegations that the applicant was guilty of murder or of being complicit in murder — whether the amendments are sufficiently precise given the seriousness of the allegations — consideration of the extent of the delay and the associated costs — whether the respondents have provided an adequate explanation for the delay — whether it is significant in the circumstances that the explanation is provided by the respondents' solicitor and not by the respondents themselves — whether the applicant would suffer prejudice if the amendments were allowed — where trial date has been vacated and there is uncertainty associated with a future trial date PRACTICE AND PROCEDURE — application for an extension of time in which to file outlines of evidence in relation to certain witnesses or proposed witnesses — whether the respondents' explanation is adequate — whether the applicant would have the opportunity to make such reasonable inquiries as may be necessary in relation to those witnesses PRACTICE AND PROCEDURE — application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) in respect of the identities of witnesses or potential witnesses — whether the orders are necessary to prevent prejudice to the proper administration of justice — whether the orders are necessary to protect the safety of witnesses
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