Roberts-Smith v Fairfax Media Publications Pty Limited (No 13) [2021] FCA 549

Roberts-Smith v Fairfax Media Publications Pty Limited (No 13) [2021] FCA 549

Given the extraordinary seriousness of the allegations (including murder) and the respondents' onus on the Truth Defences, fairness, justice, and efficiency require adopting the applicant's proposed order for calling evidence, allowing him to give evidence and be cross-examined on all issues but reserve other witnesses on the Truth Defences until after the respondents have presented their case. The leave to file and serve certain outlines of evidence is permitted, considering the constraints arising from confidentiality agreements and fairness.

Jurisdiction
Australia
Judgment Date
21 May 2021
Procedural Posture
Defamation, Practice and Procedure / Interlocutory Order Re Evidence at Trial
Outcome
Orders regarding the sequence for calling evidence at trial to be made as per the reasons, with parties to be heard on form of order; leave granted for respondents to file and serve certain outlines of evidence.
Legal Topics
['order of Calling Evidence' 'splitting of Case' 'onus of Proof in Defamation' 'outline of Evidence' 'confidentiality Agreements' 'interlocutory Applications']
['practice and Procedure' 'defamation'] ['order of Calling Evidence' 'splitting of Case' 'onus of Proof in Defamation' 'outline of Evidence' 'confidentiality Agreements' 'interlocutory Applications']

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Procedural Posture

Defamation, Practice and Procedure / Interlocutory Order Re Evidence at Trial

Legal Issues

  1. 1 ['How should the order of evidence be determined in serious defamation proceedings involving allegations of criminal conduct and truth defences?' 'Should leave be granted for late or incomplete outlines of evidence in light of confidentiality agreements?' 'Is it fair to permit the applicant to split his case for the purposes of responding to defences of truth and contextual truth?']

Ratio Decidendi

Given the extraordinary seriousness of the allegations (including murder) and the respondents' onus on the Truth Defences, fairness, justice, and efficiency require adopting the applicant's proposed order for calling evidence, allowing him to give evidence and be cross-examined on all issues but reserve other witnesses on the Truth Defences until after the respondents have presented their case. The leave to file and serve certain outlines of evidence is permitted, considering the constraints arising from confidentiality agreements and fairness.

Court Disposition

Orders regarding the sequence for calling evidence at trial to be made as per the reasons, with parties to be heard on form of order; leave granted for respondents to file and serve certain outlines of evidence.

Orders

  • ['The parties be heard on the form of the order to be made consistent with these reasons with respect to the order in which the evidence is to be called at the trial.' 'Respondents granted leave to file and serve an amended outline of evidence of John McLeod.' 'Respondents granted leave to file and serve outlines of...