Roberts-Smith v Fairfax Media Publications Pty Limited (No 27) [2022] FCA 79

Federal Court of Australia

Roberts-Smith v Fairfax Media Publications Pty Limited (No 27) [2022] FCA 79 File numbers: NSD 1485 of 2018 NSD 1486 of 2018 NSD 1487 of 2018

Judgment of: BESANKO J

Date of judgment: 7 February 2022

Date of publication of reasons: 10 February 2022

Catchwords: PRACTICE AND PROCEDURE — Interlocutory application by respondents for order that Subpoena to produce documents issued by applicant be set aside — where Subpoena addressed to medical practice and seeks production of all documents referring to and/or evidencing treatment sought by and/or given to a witness to be called by respondents from 1 January 2018 to 31 December 2018 — whether Subpoena too wide and extends to irrelevant medical information — order that Subpoena be set aside PRACTICE AND PROCEDURE — Interlocutory application by respondents for orders that two Notices to produce served by applicant be set aside — where Notices to produce seek production of several classes of documents relating to communications passing between respondents and a witness to be called by respondents (Person 17) as well as any conversation(s) between second respondent, a Detective Superintendent of Australian Federal Police and Person 17 — where respondents claim there is complete overlap between documents sought in Notices to produce and agreed categories of discovery — where respondents' solicitor affidavit establishes all documents captured by Notices to produce discovered by respondents — claims in respondents' discovery for privilege under s 126K of Evidence Act 1995 (Cth) — where respondents claim that to identify documents responsive to Notices to produce would impinge on privilege in sense of confirming person identified is a source — where respondents' Second Further Amended Defence contains domestic violence allegations against applicant with respect to Person 17 — where applicant submitted account given of events alleged in Defence could only have come from Person 17 such that Person 17 is a known source — consideration of whether known that Person 17 an informant within s 126K of Evidence Act — not established that Person 17 a known informant — challenge to privilege rejected — order that Notices to produce be set aside