Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Russell v Australian Broadcasting Corporation (No 2) [2023] FCA 808 File number: NSD 745 of 2022
Judgment of: LEE J
Date of judgment: 14 July 2023
Date of publication of reasons: 14 July 2023
Catchwords: DEFAMATION – defamation proceeding brought by former commander of special forces "November Platoon" – vacation of interlocutory order because of new development whereby identity of source revealed to applicant and re-instatement of defence of public interest by respondents
Legislation: Evidence Act 1995 (Cth) ss 126K, 136 Federal Court of Australia Act 1976 (Cth) Pt IVA Defamation Act 2005 (NSW) s 29A
Cases cited: John Fairfax & Sons Ltd v Cojuangco (1988) 165 CLR 346 Liu v The Age Company Ltd [2016] NSWCA 115; (2016) 92 NSWLR 679 McGuinness v Attorney-General (Vic) (1940) 63 CLR 73 Russell v Australian Broadcasting Corporation [2023] FCA 38 West Australian Newspapers v Bond [2009] WASCA 127; (2009) 40 WAR 164
Spencer Bower, G, A Code of the Law of Actionable Defamation (2nd ed, Butterworth & Co, 1923)
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 34
Date of hearing: 14 July 2023
Counsel for the applicant: Ms S Chrysanthou SC with Mr N Olson and Mr T Smartt
Solicitors for the applicant: Company Giles
Counsel for the respondents: Mr N Owens SC with Ms L Barnett and Ms M Cowden
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