Roberts-Smith v Fairfax Media Publications Pty Limited (No 11) [2021] FCA 396

Roberts-Smith v Fairfax Media Publications Pty Limited (No 11) [2021] FCA 396

It is appropriate, pursuant to s 47A(1) of the Federal Court of Australia Act, for specified witnesses to give evidence by audio-visual link from remote locations, with interpreter arrangements at both Sydney and Kabul, and for the applicant to have a lawyer present in Kabul. Filing dates for evidence-in-chief are set as a compromise. Costs of the interlocutory application are to be respondents' costs in the cause.

Jurisdiction
Australia
Judgment Date
23 April 2021
Procedural Posture
Interlocutory Application / Order Granting Leave for Evidence by Audio Visual Link
Outcome
Interlocutory application allowed with specified orders for remote evidence, interpreter presence, lawyer access, filing evidence-in-chief and costs.
Legal Topics
['remote Testimony' 'audio Visual Evidence' 'interpreter Arrangements' 'filing of Evidence in Chief' 'costs of Interlocutory Application']
['evidence' 'civil Procedure'] ['remote Testimony' 'audio Visual Evidence' 'interpreter Arrangements' 'filing of Evidence in Chief' 'costs of Interlocutory Application']

Case Brief

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Procedural Posture

Interlocutory Application / Order Granting Leave for Evidence by Audio Visual Link

Legal Issues

  1. 1 ['Whether evidence may be given by audio-visual link under s 47A(1) of the Federal Court of Australia Act 1976 (Cth)' 'Arrangements for interpreters in remote locations and court' 'Timing for filing evidence-in-chief' 'Appropriate order as to costs']

Ratio Decidendi

It is appropriate, pursuant to s 47A(1) of the Federal Court of Australia Act, for specified witnesses to give evidence by audio-visual link from remote locations, with interpreter arrangements at both Sydney and Kabul, and for the applicant to have a lawyer present in Kabul. Filing dates for evidence-in-chief are set as a compromise. Costs of the interlocutory application are to be respondents' costs in the cause.

Court Disposition

Interlocutory application allowed with specified orders for remote evidence, interpreter presence, lawyer access, filing evidence-in-chief and costs.

Orders

  • ['Person 21, Person 62, Person 63, Person 64, and Person 65 permitted to give evidence by audio-visual link.' 'Person 21 evidence via Cisco from Australian Embassy in Timor-Leste.' 'Person 62, 63, 64, and 65 evidence via Cisco from Kakar Advocates LLC, Kabul.' 'English/Pashto interpreter to be present in both Sydney...