Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Schiff v Nine Network Australia Pty Ltd (No 3) [2023] FCA 336 File number(s): NSD 1086 of 2021
Judgment of: JACKMAN J
Date of judgment: 14 April 2023
Catchwords: PRACTICE AND PROCEDURE – application for leave to further amend defence – application to strike out defence – where strike out application dealt with by reference to further amended defence – whether proceedings should be dismissed against the second respondent DEFAMATION – whether particulars of justification are defective – where particulars provide a basis for establishing a possibility of knowledge but insufficient to establish a probability of knowledge – suspicions or opinions of guilt held by a regulatory or investigative body not sufficient to prove guilt – whether particulars, if assumed to be established, provide a defence of justification
Legislation: Federal Court Rules 2011 (Cth) rr 16.41, 16.43 Defamation Act 2005 (NSW) ss 4, 25, 38
Cases cited: Australian Broadcasting Corporation v Chau Chak Wing [2019] FCAFC 125; (2019) 271 FCR 632 Burstein v Times Newspapers Ltd [2001] 1 WLR 579 Channel Seven Sydney Pty Ltd v Mohammed [2010] NSWCA 335; (2010) 278 ALR 232 Greek Herald Pty Ltd v Nikolopoulos [2002] NSWCA 41; (2002) 54 NSWLR 165 Herron v HarperCollins Publishers Australia Pty Ltd (No 2) [2022] FCAFC 119 LCA Marrickville Pty Ltd v Swiss Re International SE [2022] FCAFC 17; (2022) 290 FCR 435 O'Brien v Australian Broadcasting Corporation [2017] NSWCA 338; (2017) 97 NSWLR 1 Rush v Nationwide News Pty Ltd [2018] FCA 357; (2018) 359 ALR 473 Rush v Nationwide News Pty Ltd (No 2) [2018] FCA 550; (2018) 359 ALR 564 Schiff v Nine Network Australia Pty Ltd (No 2) [2022] FCA 1120
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