Selkirk v Hocking (No 2) [2023] FCA 1085

Federal Court of Australia

Selkirk v Hocking (No 2) [2023] FCA 1085 File number(s): VID 429 of 2022

Judgment of: O'CALLAGHAN J

Date of judgment: 13 September 2023

Catchwords: DEFAMATION – s 10A(1) of the Defamation Act 2005 (Vic) – where order previously made that the "serious harm element" of the cause of action for defamation brought against fifth and sixth respondents by the applicant 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) – where order also made that the extent of publication of the online article (article) also be so determined – meaning of phrase "serious harm to the reputation of the person" considered – Lachaux v Independent Print Ltd [2020] AC 612 applied – where applicant admitted she had committed multiple acts of deception – where no evidence anyone thought less of applicant by reason of the publication of the article – where limited publication of article – held: applicant had not proven publication of the article caused or was likely to cause serious harm to her reputation – proceeding dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Judiciary Act 1903 (Cth) s 79 Crimes Act 1900 (NSW) ss 192E, 193C, 254 Defamation Act 2005 (Vic) s 10A(1) Evidence Act 1995 (NSW) s 191 Transport Accident Act 1986 (Vic) s 93 Defamation Act 2013 (UK) s 1