Roberts-Smith v Fairfax Media Publications Pty Limited (No 34) [2022] FCA 532

Federal Court of Australia

Roberts-Smith v Fairfax Media Publications Pty Limited (No 34) [2022] FCA 532 File numbers: NSD 1485 of 2018 NSD 1486 of 2018 NSD 1487 of 2018

Judgment of: BESANKO J

Date of judgment: 11 May 2022

Catchwords: PRACTICE AND PROCEDURE — oral application by Commonwealth of Australia for variation of orders made on 28 March 2022 with respect to conduct of trial — where existing orders made pursuant to ss 19(3A) and 38B of National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) (s 38B Orders) contain provisions designed to protect identity of Sensitive Witnesses including Special Operations Command (SOCOMD) members — where orders made on 28 March 2022 provide for recording of proceedings being made available on Federal Court's YouTube channel — evidence suggesting information obtained by viewing and listening to YouTube recordings used by persons located outside of Australia to publish information identifying or tending to identify Sensitive Witnesses including SOCOMD members — whether integrity of s 38B Orders placed at risk by use of YouTube facility — whether requirements of open justice satisfied without YouTube facility — application granted

Legislation: Federal Court of Australia Act 1976 (Cth) s 17 National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) ss 3, 8, 19(3A), 38B

Cases cited: Roberts-Smith v Fairfax Media Publications Pty Limited (No 4) [2020] FCA 614; (2020) 277 FCR 337 Roberts-Smith v Fairfax Media Publications Pty Limited (No 17) [2021] FCA 764 and Roberts-Smith v Fairfax Media Publications Pty Limited (No 21) [2021] FCA 893 Roberts-Smith v Fairfax Media Publications Pty Limited (No 26) [2022] FCA 46