Roberts-Smith v Fairfax Media Publications Pty Limited (No 26) [2022] FCA 46

Roberts-Smith v Fairfax Media Publications Pty Limited (No 26) [2022] FCA 46

The risk of inadvertent disclosure of national security information justifies exclusion of the public from the courtroom during the evidence of certain SOCOMD witnesses and limits real-time access to the media subject to undertakings, with controlled public access to redacted recordings thereafter.

Parties
Applicant: Ben Roberts-Smith; First Respondent: Fairfax Media Publications Pty Limited; First Respondent: The Age Company Pty Limited; First Respondent: The Federal Capital Press of Australia Pty Limited; Second Respondent: Nick McKenzie; Third Respondent: Chris Masters; Fourth Respondent: David Wroe; Intervener: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
02 February 2022
Procedural Posture
Practice and Procedure / Orders Regarding Conduct of Resumed Hearing
Outcome
Orders made for exclusion of the public, limited media live streaming, and release of redacted hearing recordings.
Legal Topics
COVID 19 Pandemic Restrictions, Open and Closed Court Procedures, National Security Information, Media Access to Hearings
Practice and Procedure National Security COVID 19 Pandemic Restrictions Open and Closed Court Procedures National Security Information Media Access to Hearings

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Parties

Ben Roberts-Smith

Applicant

Fairfax Media Publications Pty Limited

First Respondent

The Age Company Pty Limited

First Respondent

The Federal Capital Press of Australia Pty Limited

First Respondent

Nick McKenzie

Second Respondent

Chris Masters

Third Respondent

David Wroe

Fourth Respondent

Commonwealth of Australia

Intervener

Procedural Posture

Practice and Procedure / Orders Regarding Conduct of Resumed Hearing

Legal Issues

  1. 1 Arrangements for the conduct of resumed hearing given COVID-19 pandemic restrictions and national security concerns

Ratio Decidendi

The risk of inadvertent disclosure of national security information justifies exclusion of the public from the courtroom during the evidence of certain SOCOMD witnesses and limits real-time access to the media subject to undertakings, with controlled public access to redacted recordings thereafter.

Court Disposition

Orders made for exclusion of the public, limited media live streaming, and release of redacted hearing recordings.

Orders

  • The public be excluded from the courtroom during the hearing of the evidence of Person 41, subject to conditions.
  • Media representatives meeting criteria may have live streaming access under undertakings.