Federal Court of Australia
Federal Court of Australia
Murdoch v Private Media Pty Ltd (No 5) [2023] FCA 440 File number: NSD 673 of 2022
Judgment of: WIGNEY J
Date of judgment: 4 April 2023
Catchwords: PRACTICE AND PROCEDURE – application by respondents for extension of time to file defence – Court's broad discretion under r 1.39 of the Federal Court Rules 2011 (Cth) – respondents' recent access to potentially relevant material disclosed in United States proceedings – consideration of delay, prejudice and preservation of current trial date – respondents' delay adequately explained and no material prejudice to applicant – order for extension of time to file defence DEFAMATION – application by applicant for separate determination of defamatory meaning – limited availability of the Court to separately hear and determine issue of defamatory meaning before trial – prospect of appeal of any judgment concerning defamatory meaning and its impact on current trial date – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 1.39, 16.07, 26.11 Defamation Act 2005 (NSW) s 26(1)(b)
Cases cited: Edwards v Nine Network Australia Pty Ltd [2022] FCA 509 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303 Hawkins v Kingsway Group Ltd [2009] FCA 1073 Murdoch v Private Media Pty Ltd (No 4) [2023] FCA 114 Pfizer Ireland Pharmaceuticals v Samsung Bioepis Au Pty Ltd [2017] FCA 573 Skinner v Commonwealth of Australia [2012] FCA 1194
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