Humphrys (Tobin) v Chief Executive Officer of Department of Communities WA [2021] FCA 586

Federal Court of Australia

Humphrys (Tobin) v Chief Executive Officer of Department of Communities WA [2021] FCA 586 File number: WAD 62 of 2021

Judgment of: COLVIN J

Date of judgment: 2 June 2021

Catchwords: PRACTICE AND PROCEDURE - jurisdiction in defamation proceedings - where applicant claims statements made by employees of department of respondent are defamatory - where statements claimed to be published in reports submitted to State Administrative Tribunal of Western Australia - where statements claimed to be published in emails between employees - where statements claimed to be published in reasons of State Administrative Tribunal - whether publication occurred outside Western Australia - whether assertion of publication outside Western Australia colourable COSTS - consideration of costs where counsel is employee working for the respondent

Legislation: State Administrative Tribunal Act 2004 (WA) s 163

Cases cited: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29 Crosby v Kelly [2012] FCAFC 96; (2012) 203 FCR 451 Ernst & Young (Reg) v Tynski Pty Limited [2003] FCAFC 233 Henderson Borough Council v Auckland Regional Authority [1984] 1 NZLR 16 Marsh v Baxter [No 2] [2016] WASCA 51 Noye v Robbins [2010] WASCA 83 Oliver v Nine Network Australia Pty Ltd [2019] FCA 583 Rana v Google Inc [2017] FCAFC 156; (2017) 254 FCR 1

Division: General Division

Registry: Western Australia

National Practice Area: Other Federal Jurisdiction