Roberts-Smith v Fairfax Media Publications Pty Limited (No 37) [2022] FCA 580

Federal Court of Australia

Roberts-Smith v Fairfax Media Publications Pty Limited (No 37) [2022] FCA 580 File numbers: NSD 1485 of 2018 NSD 1486 of 2018 NSD 1487 of 2018

Judgment of: BESANKO J

Date of judgment: 17 May 2022

Date of publication of reasons: 20 May 2022

Catchwords: PRACTICE AND PROCEDURE — Interlocutory application by applicant for orders that two witnesses, Person 9 and Person 33, be permitted to give evidence at trial by audio-visual link (AVL) — where existing orders made pursuant to ss 19(3A) and 38B of National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) prevent communication of Sensitive Information other than in closed Court — where available AVL facilities not sufficiently secure to replicate features of closed Court — amended outlines of evidence of Person 9 and Person 33 served by applicant — where paragraph 8 of original outline of evidence of Person 9 states Person 9 has "no recollection" of alleged "mock execution" by applicant — amended outline of evidence of Person 9 containing clarification of paragraph 8 to effect that Person 9's evidence will be incident did not happen and could not have happened — possibility that respondents would seek to put Sensitive Information to Person 9 in cross-examination in relation to anticipated evidence that incident did not happen and could not have happened — application granted insofar as it concerns Person 33 and refused insofar as it concerns Person 9

Legislation: Federal Court of Australia Act 1976 (Cth) s 47A National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) ss 19(3A), 38B