Roberts-Smith v Fairfax Media Publications Pty Limited (No 13) [2021] FCA 549

Federal Court of Australia

Roberts-Smith v Fairfax Media Publications Pty Limited (No 13) [2021] FCA 549 File numbers: NSD 1485 of 2018 NSD 1486 of 2018 NSD 1487 of 2018

Judgment of: BESANKO J

Date of judgment: 21 May 2021

Date of publication of reasons: 25 May 2021

Catchwords: PRACTICE AND PROCEDURE — order in which evidence in a defamation suit to be called at trial in circumstances where respondents have pleaded defences of truth — where imputations alleged by applicant involve very serious allegations of a number of murders — certain witnesses alleged to have committed murder or been involved in the commission of murder — where applicant's proposed order involves him splitting his case — significance of where the onus of proof lies and of a party having to prove a negative — relevance of the just and efficient resolution of disputes and s 37M of the Federal Court of Australia Act 1976 (Cth) — overarching consideration one of fairness — applicant's proposed order adopted. PRACTICE AND PROCEDURE — outline of evidence of applicant's former wife identifies topics in respect of which evidence will be given rather than the evidence itself — application by respondents to file outline out of time — where reason outline does not detail evidence to be given relates to a confidentiality agreement between applicant and his former wife and applicant's assertion of his rights under the agreement — considerations relevant to whether application to file outline should be granted — application granted.

Legislation: Evidence Act 1995 (Cth) s 128 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 1.21 Defamation Act 2005 (NSW) ss 25, 26