Cooper v Nine Entertainment Co Pty Ltd [2023] FCA 726

Federal Court of Australia

Cooper v Nine Entertainment Co Pty Ltd [2023] FCA 726 File number(s): TAD 7 of 2023

Judgment of: MCELWAINE J

Date of judgment: 3 July 2023

Catchwords: PRACTICE AND PROCEDURE – Application to amend originating application and statement of claim including joining new respondent pursuant to rr 8.21 and 9.05 of the Federal Court Rules 2011 (Cth) – consideration of whether amendment is permitted in circumstances where claim may be otherwise out of time or liable to be struck out– consideration whether claims arise out of the same facts – where rules must be construed as a whole with the overall intent of achieving the overarching purpose – application allowed DEFAMATION – consideration of ss 12, 12A and 12B of the Defamation Act 2005 (Tas) – where applicant claims defamatory material was published in both print and online articles – where concerns notice given for print article only and statement of claim as unamended references online article only – consideration of whether concerns notice was given in relation to publication relied upon – whether concerns notice given to publisher pre-litigation – whether amended imputations are "substantially the same" by reference to ss 12A and 12B of the Defamation Act – consideration of single publication rule

Legislation: Federal Court of Australia Act 1976 (Cth) ss 31A, 37M, 37N, 37P, 59(2B) Federal Court Rules 2011 (Cth) rr 1.32, 1.33, 1.34, 8.21, 9.05, 16.21, 16.51, 16.53 Acts Interpretation Act 1931 (Tas) s 8A Defamation Act 2005 (Tas) ss 3, 4, 6, 7, 8, 10A, 12, 12A, 12B, 13, 20A, 20AB, 20AC, 20AD Defamation Amendment Bill 2021 (Tas)