Roberts-Smith v Fairfax Media Publications Pty Limited (No 22) [2021] FCA 1323

Federal Court of Australia

Roberts-Smith v Fairfax Media Publications Pty Limited (No 22) [2021] FCA 1323 File numbers: NSD 1485 of 2018 NSD 1486 of 2018 NSD 1487 of 2018

Judgment of: BESANKO J

Date of judgment: 15 October 2021

Date of publication of reasons: 29 October 2021

Catchwords: PRACTICE AND PROCEDURE — application for order for relocation of trial to Adelaide, South Australia — where applicant has closed his case in-chief and respondents have commenced their case — where trial adjourned in July 2021 due to interstate border closures and intra-state restrictions in New South Wales associated with COVID-19 pandemic — where estimate of 8 to 12 weeks to replicate security and other arrangements necessary for resumption of trial in Adelaide — whether appropriate to make order for relocation of trial — order that trial be adjourned to a date to be fixed PRACTICE AND PROCEDURE — application for order fixing 28 February 2022 as resumed hearing date — where ongoing interstate border closures and restrictions associated with COVID-19 pandemic — whether appropriate to make order fixing date for resumption of trial — order that trial be adjourned to a date to be fixed

Legislation: National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) s 38B

Cases cited: Roberts-Smith v Fairfax Media Publications Pty Limited (No 4) [2020] FCA 614 Roberts-Smith v Fairfax Media Publications Pty Limited (No 17) [2021] FCA 764 Roberts-Smith v Fairfax Media Publications Pty Limited (No 20) [2021] FCA 824 Roberts-Smith v Fairfax Media Publications Pty Limited (No 21) [2021] FCA 893