Roberts-Smith v Fairfax Media Publications Pty Limited (No 7) [2020] FCA 1296

Roberts-Smith v Fairfax Media Publications Pty Limited (No 7) [2020] FCA 1296

Although the parties could be ready by March 2021 and the applicant's evidence of continuing publication and harm was a significant consideration, the uncertain course of pandemic restrictions, the likely length and nature of the trial, and the application of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) created a significant risk that a March and April trial might have to be abandoned and could not then be relisted in June and July. The prudent course was therefore to fix the trial for June and July 2021.

Jurisdiction
Australia
Judgment Date
07 September 2020
Procedural Posture
Practice and Procedure; Fixing of a Trial Date / Trial Date Fixed After Previous Trial Date Was Vacated
Outcome
The proceedings were listed for hearing commencing on 7 June 2021 with an estimate of 6 to 8 weeks.
Legal Topics
['fixing a Trial Date' 'pandemic Restrictions' 'national Security Information (criminal and Civil Proceedings) Act 2004 (cth)' 'counsel Availability' 'ongoing Publication and Alleged Harm']
['practice and Procedure' 'national Security Information in Civil Proceedings'] ['fixing a Trial Date' 'pandemic Restrictions' 'national Security Information (criminal and Civil Proceedings) Act 2004 (cth)' 'counsel Availability' 'ongoing Publication and Alleged Harm']

Case Brief

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Procedural Posture

Practice and Procedure; Fixing of a Trial Date / Trial Date Fixed After Previous Trial Date Was Vacated

Legal Issues

  1. 1 ['Whether the trial should be fixed for March and April 2021 or June and July 2021.' 'Whether pandemic-related restrictions and the application of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) made a later trial date the prudent course.' 'Whether counsel availability was a relevant consideration in fixing the trial date.']

Ratio Decidendi

Although the parties could be ready by March 2021 and the applicant's evidence of continuing publication and harm was a significant consideration, the uncertain course of pandemic restrictions, the likely length and nature of the trial, and the application of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) created a significant risk that a March and April trial might have to be abandoned and could not then be relisted in June and July. The prudent course was therefore to fix the trial for June and July 2021.

Court Disposition

The proceedings were listed for hearing commencing on 7 June 2021 with an estimate of 6 to 8 weeks.

Orders

  • ['The matter be listed for hearing with an estimate of 6 to 8 weeks commencing on 7 June 2021.']