Roberts-Smith v Fairfax Media Publications Pty Limited (No 4) [2020] FCA 614

Roberts-Smith v Fairfax Media Publications Pty Limited (No 4) [2020] FCA 614

The trial date was vacated because an in-person trial was necessary for two independent reasons: to deal with issues relating to disclosure of national security information, and because credibility or reliability of key witnesses may be crucial in a very serious defamation trial. An in-person trial commencing on 15 June 2020 was not possible given COVID-19 social distancing requirements, travel restrictions and self-isolation requirements affecting numerous witnesses from outside New South Wales and outside Australia, together with logistical challenges and potential additional challenges caused by the NSI Act.

Jurisdiction
Australia
Judgment Date
09 April 2020
Procedural Posture
Defamation Proceedings / Case Management Hearing Concerning Whether the Trial Date Commencing 15 June 2020 Should Be Vacated
Outcome
Trial commencing on 15 June 2020 vacated and case management hearing adjourned.
Legal Topics
['vacating Trial Date' 'in Person Trial' 'covid 19 Pandemic Restrictions' 'national Security Information (criminal and Civil Proceedings) Act 2004 (cth)' 'disclosure of National Security Information']
['practice and Procedure' 'defamation' 'national Security Information'] ['vacating Trial Date' 'in Person Trial' 'covid 19 Pandemic Restrictions' 'national Security Information (criminal and Civil Proceedings) Act 2004 (cth)' 'disclosure of National Security Information']

Case Brief

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Procedural Posture

Defamation Proceedings / Case Management Hearing Concerning Whether the Trial Date Commencing 15 June 2020 Should Be Vacated

Legal Issues

  1. 1 ['Whether an in-person trial was necessary because of issues relating to disclosure of national security information and the credibility or reliability of key witnesses.' 'Whether an in-person trial commencing on 15 June 2020 was possible in light of COVID-19 social distancing, travel restrictions and self-isolation requirements.' 'Whether the trial date commencing on 15 June 2020 should be vacated.']

Ratio Decidendi

The trial date was vacated because an in-person trial was necessary for two independent reasons: to deal with issues relating to disclosure of national security information, and because credibility or reliability of key witnesses may be crucial in a very serious defamation trial. An in-person trial commencing on 15 June 2020 was not possible given COVID-19 social distancing requirements, travel restrictions and self-isolation requirements affecting numerous witnesses from outside New South Wales and outside Australia, together with logistical challenges and potential additional challenges caused by the NSI Act.

Court Disposition

Trial commencing on 15 June 2020 vacated and case management hearing adjourned.

Orders

  • ['The trial commencing on Monday, 15 June 2020 be vacated.' 'The Case Management Hearing be adjourned to Thursday, 14 May 2020 at 9.30 am (Adelaide time).']