Roberts-Smith v Fairfax Media Publications Pty Limited (No 26) [2022] FCA 46

Federal Court of Australia Roberts-Smith v Fairfax Media Publications Pty Limited (No 26) [2022] FCA 46 File numbers: NSD 1485 of 2018 NSD 1486 of 2018 NSD 1487 of 2018

Judgment of: BESANKO J

Date of judgment: 2 February 2022

Catchwords: PRACTICE AND PROCEDURE — resumption of hearing — where initial trial date vacated due to COVID-19 pandemic — where applicant has closed his case-in-chief and respondents have called three witnesses — where trial adjourned in August 2021 — where restrictions on attendance at Court building such that public cannot attend courtroom — where on resumption of hearing respondents propose to call witnesses who are present or former Special Operations Command (SOCOMD) members — where identity of SOCOMD witnesses and some of evidence they may give subject to orders made under s 38B of National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) (s 38B Orders) — where risk of inadvertent disclosure of national security information in giving evidence — consideration of arrangements for conduct of hearing — orders that hearing be live streamed limited to members of media who have given appropriate undertakings and that recording of each day of hearing excluding any information disclosure of which is prohibited by s 38B Orders be made publicly available the following day

Legislation: Federal Court of Australia Act 1976 (Cth) s 17(4) National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) ss 19(3A), 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 21) [2021] FCA 893