Roberts-Smith v Fairfax Media Publications Pty Limited (No 21) [2021] FCA 893

Roberts-Smith v Fairfax Media Publications Pty Limited (No 21) [2021] FCA 893

The trial had to be adjourned because COVID-19 stay-at-home orders, interstate border issues, and the impracticality of relocation or audio-visual link evidence made continuation unsuitable; an adjournment to 1 November 2021 provided necessary certainty while allowing for restrictions and border reopening. The requested witness affidavit orders were refused because flexibility was preferable in unpredictable circumstances, and February 2022 closing submission dates were refused because the evidence and issues had not sufficiently emerged.

Jurisdiction
Australia
Judgment Date
02 August 2021
Procedural Posture
Defamation Proceedings / Trial Adjournment Application After Respondents Had Commenced Their Case
Outcome
The applicant's applications for witness affidavit orders and fixed closing submissions dates were refused; the trial was adjourned to 1 November 2021 and a case management hearing was listed for 1 October 2021.
Legal Topics
['adjournment of Trial' 'covid 19 Pandemic Restrictions' 'interstate Border Closures' 'audio Visual Link Evidence' 'subpoenaed Witnesses' 'case Management']
['practice and Procedure' 'defamation'] ['adjournment of Trial' 'covid 19 Pandemic Restrictions' 'interstate Border Closures' 'audio Visual Link Evidence' 'subpoenaed Witnesses' 'case Management']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation Proceedings / Trial Adjournment Application After Respondents Had Commenced Their Case

Legal Issues

  1. 1 ["Whether the trial should be adjourned because COVID-19 restrictions and interstate border closures affected in-person hearings and witnesses' ability to travel." 'Whether subpoenaed witnesses wishing to be excused from attending in Sydney on hardship grounds should be required to file affidavits before a case management hearing.' 'Whether dates in February 2022 should be fixed for closing submissions.']

Ratio Decidendi

The trial had to be adjourned because COVID-19 stay-at-home orders, interstate border issues, and the impracticality of relocation or audio-visual link evidence made continuation unsuitable; an adjournment to 1 November 2021 provided necessary certainty while allowing for restrictions and border reopening. The requested witness affidavit orders were refused because flexibility was preferable in unpredictable circumstances, and February 2022 closing submission dates were refused because the evidence and issues had not sufficiently emerged.

Court Disposition

The applicant's applications for witness affidavit orders and fixed closing submissions dates were refused; the trial was adjourned to 1 November 2021 and a case management hearing was listed for 1 October 2021.

Orders

  • ["The applicant's application for orders that any witness who has been served with a subpoena to attend to give evidence at the hearing and wishes to submit that they be excused from attending the hearing in Sydney on the basis of hardship, file an affidavit setting out the reasons why they cannot attend a hearing...