Roberts-Smith v Fairfax Media Publications Pty Limited (No 20) [2021] FCA 824

Roberts-Smith v Fairfax Media Publications Pty Limited (No 20) [2021] FCA 824

The evidence of the Afghan witnesses was an important part of the respondents' case, the evidence as a whole showed a substantial risk that it would become unavailable if not taken soon due to the deteriorating security and logistical situation in Afghanistan and Kabul, there was no longer uncertainty about the witnesses' ability to give evidence in the week commencing 26 July 2021, and courtroom and public health requirements could be met; accordingly, the interests of justice required the evidence to be heard as soon as possible.

Jurisdiction
Australia
Judgment Date
19 July 2021
Procedural Posture
Defamation Proceedings / Respondents' Application to Resume an Adjourned Trial for the Limited Purpose of Hearing Evidence From Four Afghan Witnesses by Audio Visual Link
Outcome
Application granted.
Legal Topics
['adjournment of Trial' 'resumption of Trial' 'covid 19 Restrictions' 'audio Visual Link Evidence' 'availability of Witnesses' 'security Situation in Afghanistan']
['practice and Procedure' 'defamation'] ['adjournment of Trial' 'resumption of Trial' 'covid 19 Restrictions' 'audio Visual Link Evidence' 'availability of Witnesses' 'security Situation in Afghanistan']

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Procedural Posture

Defamation Proceedings / Respondents' Application to Resume an Adjourned Trial for the Limited Purpose of Hearing Evidence From Four Afghan Witnesses by Audio Visual Link

Legal Issues

  1. 1 ['Whether the adjourned trial should recommence on 26 July 2021 for the limited purpose of hearing evidence from Persons 62, 63, 64 and 65 by audio-visual link from Kabul, Afghanistan.' 'Whether there was a substantial risk that the evidence of the Afghan witnesses would become unavailable if not taken soon.' 'Whether the Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021 and courtroom requirements prevented or weighed against hearing the evidence.']

Ratio Decidendi

The evidence of the Afghan witnesses was an important part of the respondents' case, the evidence as a whole showed a substantial risk that it would become unavailable if not taken soon due to the deteriorating security and logistical situation in Afghanistan and Kabul, there was no longer uncertainty about the witnesses' ability to give evidence in the week commencing 26 July 2021, and courtroom and public health requirements could be met; accordingly, the interests of justice required the evidence to be heard as soon as possible.

Court Disposition

Application granted.

Orders

  • ['The evidence of Persons 62, 63, 64 and 65 be heard commencing on Monday, 26 July 2021.']