Gould v Jordan [2020] FCA 1191

Gould v Jordan [2020] FCA 1191

The Court granted the interlocutory application because, in combination, the circumstances made the matter exceptional: the preliminary defences were distinct from the substantial justification and contextual truth issues, could dispose of the proceeding if successful, were expected to be tried largely on documents without witness overlap, could save considerable preparation and trial time, posed reduced appeal risk due to Mr Jordan's undertaking not to appeal until final judgment, were framed in an agreed form, were unlikely to materially prolong the proceeding given Mr Gould's pending criminal appeal, and were not opposed in substance by Mr Gould.

Jurisdiction
Australia
Judgment Date
19 August 2020
Procedural Posture
Defamation Proceedings / Interlocutory Application for Separate Hearing and Determination of Issues
Outcome
Application granted.
Legal Topics
['separate Trial of Questions' 'identification' 'defamatory Imputations' 'publication of Public Document' 'fair Report of Proceedings of Public Concern' 'qualified Privilege' 'justification' 'contextual Truth' 'malice']
['practice and Procedure' 'defamation'] ['separate Trial of Questions' 'identification' 'defamatory Imputations' 'publication of Public Document' 'fair Report of Proceedings of Public Concern' 'qualified Privilege' 'justification' 'contextual Truth' 'malice']

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Procedural Posture

Defamation Proceedings / Interlocutory Application for Separate Hearing and Determination of Issues

Legal Issues

  1. 1 ['Whether questions in the defamation proceeding should be heard and determined separately from, and prior to, all other questions pursuant to r 30.01(1) of the Federal Court Rules 2011 (Cth).' 'Whether preliminary defences under ss 28 and 29 of the Uniform Defamation Act and qualified privilege should be tried before the defences of justification and contextual truth.' 'Whether separate determination would promote utility, economy and fairness without causing inappropriate overlap, embarrassment, multiple appeals or prolongation of the proceeding.']

Ratio Decidendi

The Court granted the interlocutory application because, in combination, the circumstances made the matter exceptional: the preliminary defences were distinct from the substantial justification and contextual truth issues, could dispose of the proceeding if successful, were expected to be tried largely on documents without witness overlap, could save considerable preparation and trial time, posed reduced appeal risk due to Mr Jordan's undertaking not to appeal until final judgment, were framed in an agreed form, were unlikely to materially prolong the proceeding given Mr Gould's pending criminal appeal, and were not opposed in substance by Mr Gould.

Court Disposition

Application granted.

Orders

  • ['Pursuant to r 30.01(1) of the Federal Court Rules 2011 (Cth), specified questions concerning identification, imputations, defamatory character, defences under ss 28 and 29 of the Uniform Defamation Act, qualified privilege, honesty/public information or advancement of education, and malice are to be heard and...