Hanson-Young v Leyonhjelm (No 3) [2019] FCA 645

Hanson-Young v Leyonhjelm (No 3) [2019] FCA 645

Although the application was not strong given the known trial date, late filing, and the witnesses' planned travel from Perth, Senator Steele-John's mobility limitations, need for additional travel time and assistance, likely fatigue, extra expense for his personal aide, and the likely short duration of his evidence...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 April 2019
Procedural Posture
Defamation Proceedings / Interlocutory Application Pursuant to S 47 a of the Federal Court of Australia Act 1976 (cth) for Testimony of Two Witnesses to Be Taken by Videolink
Outcome
Application allowed in part.
Legal Topics
['videolink Evidence' 'exercise of Discretion Under S 47 A' 'witness Attendance']
['practice and Procedure' 'defamation'] ['videolink Evidence' 'exercise of Discretion Under S 47 A' 'witness Attendance']

Source-derived case record

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Procedural Posture

Defamation Proceedings / Interlocutory Application Pursuant to S 47 a of the Federal Court of Australia Act 1976 (cth) for Testimony of Two Witnesses to Be Taken by Videolink

Legal Issues

  1. 1 ['Whether the testimony of Senator Jordon Steele-John should be taken by videolink from the Perth Federal Court.' 'Whether the testimony of Senator Rachel Siewert should be taken by videolink from the Perth Federal Court.']

Ratio Decidendi

Although the application was not strong given the known trial date, late filing, and the witnesses' planned travel from Perth, Senator Steele-John's mobility limitations, need for additional travel time and assistance, likely fatigue, extra expense for his personal aide, and the likely short duration of his evidence made it in the interests of justice to permit his evidence by videolink. Senator Siewert's circumstances did not justify departure from the general principle that contested evidence should be given in the trial courtroom, particularly because she intended to travel from Perth to Canberra that week and the additional trip to Sydney did not appear to involve much greater...

Court Disposition

Application allowed in part.

Orders

  • ["On the Applicant's Interlocutory Application filed 26 April 2019, pursuant to s 47A of the Federal Court of Australia Act 1976 (Cth) the testimony of Senator Jordon Steele-John may be taken by videolink to the Perth Federal Court." "The Applicant's application for the evidence of Senator Rachel Siewert to be taken...