Federal Court of Australia
Federal Court of Australia
Roberts-Smith v Fairfax Media Publications Pty Limited (No 17) [2021] FCA 764 File numbers: NSD 1485 of 2018 NSD 1486 of 2018 NSD 1487 of 2018
Judgment of: BESANKO J
Date of judgment: 29 June 2021
Catchwords: PRACTICE AND PROCEDURE — defamation proceedings — whether trial should be adjourned — where applicant has closed his case and respondents are due to commence their case — where an outbreak of COVID-19 has resulted in interstate border closures and major restrictions being imposed in New South Wales — where a number of respondents' witnesses do not reside in New South Wales — whether enforcing witnesses' attendance would be a fair and proportionate exercise of Court's powers — where respondents ask that evidence of Afghan witnesses be heard as soon as possible — uncertainty associated with when Afghan witnesses' evidence could be heard — trial adjourned
Legislation: National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) s 38B
Cases cited: Roberts-Smith v Fairfax Media Publications Pty Limited (No 5) [2020] FCA 1067 Roberts-Smith v Fairfax Media Publications Pty Limited (No 10) [2021] FCA 317; (2021) 151 ACSR 79
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 8
Date of hearing: 28 June 2021
Counsel for the Applicant: Mr B McClintock SC with Mr A Moses SC, Mr M Richardson and Mr P Sharp
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