Roberts-Smith v Fairfax Media Publications Pty Limited (No 19) [2021] FCA 818

Roberts-Smith v Fairfax Media Publications Pty Limited (No 19) [2021] FCA 818

The likely disadvantage of not having the interpreter in the Sydney courtroom is outweighed by the qualifications and experience of Mr Shearzad; difficulties in having a remote interpreter can be managed by directions during proceedings.

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
19 July 2021
Procedural Posture
Defamation / Interlocutory Application to Vary Prior Order
Outcome
Application to vary order granted
Legal Topics
Defamation, Interpreter Standards, Court Procedure
Practice and Procedure Defamation Interpreter Standards Court Procedure

Case Brief

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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

Defamation / Interlocutory Application to Vary Prior Order

Legal Issues

  1. 1 Whether the order requiring an English/Pashto interpreter to be present in the courtroom in Sydney should be varied to allow interpretation remotely from Canada

Ratio Decidendi

The likely disadvantage of not having the interpreter in the Sydney courtroom is outweighed by the qualifications and experience of Mr Shearzad; difficulties in having a remote interpreter can be managed by directions during proceedings.

Court Disposition

Application to vary order granted

Orders

  • Order 7 of the orders made on 23 April 2021 be varied to provide that the respondents are to arrange for Mr Wali Shearzad to provide English/Pashto interpretation remotely from Ontario, Canada in lieu of an interpreter present in Sydney.