Palmer v McGowan (No 2) [2022] FCA 32

Federal Court of Australia Palmer v McGowan (No 2) [2022] FCA 32 File number: NSD 912 of 2020

Judgment of: LEE J

Date of judgment: 25 January 2022

Date of publication of reasons: 27 January 2022

Catchwords: PRACTICE AND PROCEDURE – reasons for orders as to conduct of trial and short deferral of commencement – applications to give evidence in defamation proceeding by way of video link ultimately not pressed – consideration of principles of parliamentary privilege – oral evidence in a defamation proceeding – importance of receiving evidence of alleged distress, upset and injury to feelings in person – observations upon receipt of evidence, particularly contested evidence going to credit, by remote means – circumstances where trial dates can be amended to allow for participation of witnesses in person and facilitating their participation in parliamentary sittings

Legislation: Evidence Act 1995 (Cth) ss 10, 15 Federal Court of Australia Act 1976 (Cth) ss 37M(1), 37M(3), 47(3), 47(6), 47A Emergency Management Act 2005 (WA) Parliamentary Privileges Act 1891 (WA) s 1 Outbreak Outside of Western Australia Response Directions (No 19) Nos 28, 29 Bill of Rights 1689 Art 9

Cases cited: Auken Animal Husbandry Pty Ltd v 3rd Solution Investment Pty Ltd [2020] FCA 1153; (2020) 147 ACSR 521 Australian Securities and Investments Commission v Wilson (No 2) [2021] FCA 808; (2021) 153 ACSR 649 Australian Securities and Investments Commission v GetSwift Limited [2020] FCA 504 Capic v Ford Motor Company of Australia Ltd (Adjournment) [2020] FCA 486 Corrigan v Commvault Systems (Australia) Pty Ltd [2011] FCA 107; (2011) 192 FCR 71 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 627; (2015) 231 FCR 531 Tetley v Goldmate Group Pty Ltd [2020] FCA 913 Universal Publishing Music Pty Ltd v Palmer [2020] FCA 1472