Russell v S3@Raw Pty Ltd (No 3) [2024] FCA 991

Federal Court of Australia

Russell v S3@Raw Pty Ltd (No 3) [2024] FCA 991 File number(s): QUD 398 of 2022

Judgment of: MEAGHER J

Date of judgment: 29 August 2024

Catchwords: DEFAMATION – Application brought by the third respondent pursuant to s 10A(5) of the Defamation Act 2005 (Vic) to dismiss the defamation claim – Where unclear whether s 10A(5) of the Defamation Act 2005 (Vic) is picked up by s 79 of the Judiciary Act 1903 (Cth) – Whether s 10A(5) of the Defamation Act 2005 (Vic) is inconsistent with s 37P of the Federal Court of Australia Act 1976 (Cth) and r 30.01 of the Federal Court Rules 2011 (Cth) – Whether s 10A(5) limits the discretion of the Court pursuant to s 37P of the Federal Court of Australia Act 1976 (Cth) – Where special circumstances exist to justify postponement in any event – Application dismissed PRACTICE AND PROCEDURE – Alternative application brought by the third respondent for striking out of the further amended statement of claim pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) – Where third respondent contends that the pleading fails to establish serious harm – Where the pleading discloses a reasonable cause of action – Where the third respondent further contends that the concerns notices are invalid and the pleading should be struck out as an abuse of process – Whether the concerns notices inform the publisher of the serious harm to the person's reputation alleged to have been caused by the publications – Where inferences may be drawn from other matters in the concerns notices – Application dismissed

Legislation: Federal Court of Australia Act 1967 (Cth) ss 37M, 37N, 37P, 43 Competition and Consumer Act 2010 (Cth) ss 18, 37(2) Corporations Act 2001 (Cth) s 471B Judiciary Act 1903 (Cth) s 79 Federal Court Rules 2011 (Cth) rr 16.21, 16.45, 30.01 Defamation Act 2005 (Vic) ss 10A, 10A(5) Defamation Act 2013 (UK)