Roberts-Smith v Fairfax Media Publications Pty Limited (No 10) [2021] FCA 317

Federal Court of Australia

Roberts-Smith v Fairfax Media Publications Pty Limited (No 10) [2021] FCA 317 File numbers: NSD 1485 of 2018 NSD 1486 of 2018 NSD 1487 of 2018

Judgment of: BESANKO J

Date of judgment: 1 April 2021

Catchwords: PRACTICE AND PROCEDURE — defamation proceedings — interlocutory application for an order under s 47A of the Federal Court of Australia Act 1976 (Cth) that certain witnesses be permitted to give evidence at the hearing by audio-visual link — where four of the witnesses reside in Afghanistan — where another witness has been posted by the Australian Defence Force to Dili in Timor-Leste — where the Afghan witnesses are unlikely to be successful in obtaining visas to travel to Australia — whether applicant will be prejudiced by the Afghan witnesses not being permitted to be shown contemporaneous documents via a video conferencing platform — whether the Afghan witnesses can give evidence from an appropriate venue in Afghanistan using satisfactory technology — whether the giving of evidence in Australia is forbidden in Afghanistan — whether a witness without identity papers can give evidence by audio-visual link from a foreign country — whether the Afghan witnesses should be allowed to give evidence by audio-visual link where questions of identity, credibility and reliability are involved — where the Afghan witnesses, if not permitted to give evidence by audio-visual link, will not be able to give evidence at all — where respondents have made all reasonable efforts to bring the Afghan witnesses to Australia — discussion of relevant factors — application allowed