B1 v B2 [2017] NSWDC 252

District Court New South Wales

Medium Neutral Citation: B1 v B2 [2017] NSWDC 252 Hearing dates: 31 August 2017 Date of orders: 31 August 2017 Decision date: 12 September 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) On the application of the plaintiff, which is consented to by the defendant, the Amended Defence filed on 9 August 2017 is struck out with leave to replead. (2) The repleaded defence must be filed by 13 October 2017 and, if the defects in the current pleadings are not cured, may be subject to summary dismissal and judgment in favour of the plaintiff, with the proceedings listed for assessment of damages. (3) A copy of her Honour Judge Gibson's reasons for these orders is to be forwarded to the Registrars of the Federal Circuit Court of Australia and Family Court of Australia. (4) Defendant is to pay plaintiff's costs. (5) Matter stood over to the Defamation List on Thursday 26 October 2017. Catchwords: TORT – defamation – publication of material concerning alleged domestic violence - application to strike out defence – whether leave to amend defence should be granted – proceedings under the Family Law Act 1975 (Cth) currently before another tribunal – material published potentially contrary to s 121 – referral of judgment to registrar Legislation Cited: Family Law Act 1975 (Cth), ss 64 and 121 Uniform Civil Procedure Rules 2005 (NSW), r 14.28 Cases Cited: Brooks v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1331 Chaudhary v Chaudhary [2017] NSWCA 222 D v Australian Financial Security Authority [2017] NSWCA 50 Ghosh v NineMSN Pty Ltd (2015) 90 NSWLR 595 Lackey v Mae [2013] FMCAFam 284 Mann v Cahill (1999) 149 FLR 298 Pahuja v TCN Channel Nine Pty Ltd (No 2) [2016] NSWSC 1074 Perera v Genworth Financial Mortgage Insurance Pty Limited [2016] NSWCA 53 Rafidi v Commonwealth Bank of Australia Ltd [2017] NSWCA 96 Sims v Wran [1984] 1 NSWLR 317 Smith v Jones (pseudonyms) [2017] NSWSC 980 Spillane v Curr [2011] NSWDC 150 Xuarez v Vitela [2012] FamCA 574 Texts Cited: Rachel Davey, "The Family Court and Privacy" (2016) 13(6) PRIVLB 128 Category: Procedural and other rulings Parties: Plaintiff: B1 Defendant: B2 Representation: Counsel: Plaintiff: Mr M J Lewis Defendant: In person