Federal Court of Australia
Federal Court of Australia
Selkirk v Hocking [2023] FCA 432 File number(s): VID 429 of 2022
Judgment of: O'CALLAGHAN J
Date of judgment: 9 May 2023
Catchwords: DEFAMATION – application brought by respondents pursuant to s 10A(4) of the Defamation Act 2005 (Vic) for an order that the "serious harm element" of the cause of action for defamation brought against them by the applicant be determined before the trial of the proceeding commences – where unclear whether ss 10A(5) and (6) of the Defamation Act 2005 (Vic) is picked up by s 79(1) of the Judiciary Act 1903 (Cth) – where order to be made instead that certain questions, including the serious harm element question, be heard separately from any other questions pursuant to s 37P of the Federal Court of Australia Act 1976 (Cth) and r 30.01 of the Federal Court Rules 2011 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 37P, 39, 43 Judiciary Act 1903 (Cth) s 79 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 9(3) Federal Court Rules 2011 (Cth) r 30.01 Crimes Act 1900 (NSW) ss 192E, 193C, 254 Defamation Act 2005 (NSW) ss 21, 22, 40 Defamation Act 2005 (Vic) ss 10A, 29, 29A, 30 Evidence Act 1995 (NSW) s 191 Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 (Vic) s 21 Explanatory Memorandum, Justice Legislation Amendment (Supporting Victims and Other Matters) Bill 2020 (Vic) cl 21 Victoria, Parliamentary Debates, Legislative Assembly, 14 October 2020
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