Palmer v McGowan (No 2) [2022] FCA 32

Palmer v McGowan (No 2) [2022] FCA 32

Given the importance of oral evidence to assessing distress and credibility issues in a defamation claim, and to avoid interfering with parliamentary privilege, evidence on injury to feelings must be given in person; trial dates are adjusted to ensure parliamentary members can attend and no party is compelled to attend court during parliamentary sittings.

Jurisdiction
Australia
Judgment Date
25 January 2022
Procedural Posture
Defamation / Orders as to Conduct of Trial (case Management/interlocutory)
Outcome
Interlocutory application dismissed; orders made varying trial dates and requiring in-person oral evidence for distress allegations.
Legal Topics
['remote Hearings' 'parliamentary Privilege' 'oral Evidence' 'conduct of Trial' 'witness Attendance']
['practice and Procedure' 'defamation'] ['remote Hearings' 'parliamentary Privilege' 'oral Evidence' 'conduct of Trial' 'witness Attendance']

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Procedural Posture

Defamation / Orders as to Conduct of Trial (case Management/interlocutory)

Legal Issues

  1. 1 ['Whether evidence from claimant witnesses (including distress, upset, and injury to feelings) should be given in person or via video link' 'How parliamentary privilege affects order for attendance of witnesses who are members of Parliament' 'Whether trial dates should be amended to facilitate participation in person']

Ratio Decidendi

Given the importance of oral evidence to assessing distress and credibility issues in a defamation claim, and to avoid interfering with parliamentary privilege, evidence on injury to feelings must be given in person; trial dates are adjusted to ensure parliamentary members can attend and no party is compelled to attend court during parliamentary sittings.

Court Disposition

Interlocutory application dismissed; orders made varying trial dates and requiring in-person oral evidence for distress allegations.

Orders

  • ['The interlocutory application filed by Mr McGowan on 24 January 2022 be dismissed.' 'The hearing dates be varied with specified adjournments and listings for trial to ensure attendance of witnesses in person and accommodation of parliamentary sitting days.' 'The date for filing opening submissions be extended to 1...