Hun v Aljazeera International (Malaysia) SDN BHD [2023] FCA 1103

Federal Court of Australia

Hun v Aljazeera International (Malaysia) SDN BHD [2023] FCA 1103 File number(s): VID 767 of 2022 VID 768 of 2022

Judgment of: MCEVOY J

Date of judgment: 15 September 2023

Catchwords: DEFAMATION – where the applicant has brought two separate proceedings for defamation – applications by respondents in both proceedings seeking orders pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) to determine the serious harm element as a separate matter – application also brought by the respondents in one proceeding pursuant to s 10A(4)-(6) of the Defamation Act 2005 (Vic) for the serious harm element to be determined separately and in advance of any trial in the proceeding and for the question of meanings to be determined separately and in advance of any trial – real question whether s 10A(5) of the Defamation Act 2005 (Vic) is picked up by s 79 of the Judiciary Act 1903 (Cth) – unnecessary to determine whether s 10A(5) is picked up – nature of "special circumstances" in s 10A(5) of the Defamation Act 2005 (Vic) – held that there should not be a separate hearing to determine the serious harm element in s 10A(1) of the Defamation Act 2005 (Vic) in either proceeding or a separate hearing to determine meaning – would not be just and convenient to order a separate determination of the serious harm question pursuant to r 30.01 of the Federal Court Rules 2011 (Cth)

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Evidence Act 1995 (Cth) s 135(c) Judiciary Act 1903 (Cth) s 79 Federal Court Rules 2011 (Cth) r 30.01 Defamation Act 2005 (Vic) s 10A Defamation Act 2013 (UK) s 1(1)