Federal Court of Australia
Federal Court of Australia
Roberts-Smith v Fairfax Media Publications Pty Limited (No 6) [2020] FCA 1285 File numbers: NSD 1485 of 2018 NSD 1486 of 2018 NSD 1487 of 2018
Judgment of: COLVIN J
Date of judgment: 8 September 2020
Catchwords: PRACTICE AND PROCEDURE - claim by Inspector-General of Australian Defence Force to public interest immunity over contents of communications undertaken for purposes of inquiry into alleged conduct of Special Forces while serving in Afghanistan - where subject-matter of inquiry overlaps matters the subject of defamation proceedings - where inquiry ongoing and being conducted in circumstances of strict confidentiality - where documents sought to be produced by respondents in possession of applicant - whether there is public interest to support IGADF's claim - whether administration of justice would be frustrated if documents withheld - whether legitimate forensic purpose for seeking documents - consideration of balancing of competing public interests - order made for IGADF to file any further confidential evidence in support of claim
Legislation: Defence Act 1903 (Cth) ss 110A, 124 National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) Inspector-General of the Australian Defence Force Regulation 2016 (Cth) ss 21, 27, 28, 30, 32
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