Roberts-Smith v Fairfax Media Publications Pty Ltd [2018] FCA 1943

Roberts-Smith v Fairfax Media Publications Pty Ltd [2018] FCA 1943

Non-publication orders are necessary in relation to the identities of certain Special Operations Command personnel and substantive witnesses involved in the IGADF Inquiry to prevent prejudice to national and international security and to protect personal safety. Orders are also necessary to prevent prejudice to the proper administration of justice during the ongoing Inquiry, but should not extend beyond what is necessary and should lapse within two months after the Inquiry report is delivered, except for categories that continue to warrant ongoing protection.

Parties
Applicant: Ben Roberts-Smith; First Respondent: Fairfax Media Publications Pty Ltd; Second Respondent: The Age Company Pty Ltd; Third Respondent: The Federal Capital Press of Australia Pty Ltd; Interlocutory Applicant: Commonwealth of Australia; Non Party News Publishers: Nationwide News Pty Ltd, Seven West Media and Channel Nine
Jurisdiction
Australia
Judgment Date
06 December 2018
Procedural Posture
Interlocutory Application / Ruling on Non Publication and Suppression Orders
Outcome
Partial grant of non-publication orders; final orders to be furnished based on the judgment's directions.
Legal Topics
Suppression and Non Publication Orders, Open Justice, National Security, Administration of Justice, Safety of Persons, Media Reporting, Confidentiality of Inquiry Proceedings
Practice and Procedure Suppression and Non Publication Orders Open Justice National Security Administration of Justice Safety of Persons Media Reporting Confidentiality of Inquiry Proceedings

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Parties

Ben Roberts-Smith

Applicant

Fairfax Media Publications Pty Ltd

First Respondent

The Age Company Pty Ltd

Second Respondent

The Federal Capital Press of Australia Pty Ltd

Third Respondent

Commonwealth of Australia

Interlocutory Applicant

Nationwide News Pty Ltd, Seven West Media and Channel Nine

Non Party News Publishers

Procedural Posture

Interlocutory Application / Ruling on Non Publication and Suppression Orders

Legal Issues

  1. 1 Whether non-publication orders are necessary over parts of evidence and documents related to an ongoing IGADF inquiry
  2. 2 Whether such orders are necessary under s 37AG(1) of the Federal Court of Australia Act 1976 (Cth) on the grounds of justice administration, national security, or personal safety

Ratio Decidendi

Non-publication orders are necessary in relation to the identities of certain Special Operations Command personnel and substantive witnesses involved in the IGADF Inquiry to prevent prejudice to national and international security and to protect personal safety. Orders are also necessary to prevent prejudice to the proper administration of justice during the ongoing Inquiry, but should not extend beyond what is necessary and should lapse within two months after the Inquiry report is delivered, except for categories that continue to warrant ongoing protection.

Court Disposition

Partial grant of non-publication orders; final orders to be furnished based on the judgment's directions.

Orders

  • Non-publication orders on identities and details of certain Special Operations Command personnel and substantive witnesses.
  • Orders to redact contact details of three collateral witnesses, but not their names.