DEFAMATION – Application brought by the third respondent pursuant to s 10A(5) of the Defamation Act 2005 (Vic) to dismiss the defamation claim – Where unclear whether s 10A(5) of the Defamation Act 2005 (Vic) is picked up by s 79 of the Judiciary Act 1903 (Cth) – Whether s 10A(5) of the Defamation Act 2005 (Vic) is inconsistent with s 37P of the Federal Court of Australia Act 1976 (Cth) and r 30.01 of the Federal Court Rules 2011 (Cth) – Whether s 10A(5) limits the discretion of the Court pursuant to s 37P of the Federal Court of Australia Act 1976 (Cth) – Where special circumstances exist to justify postponement in any event – Application dismissed
PRACTICE AND PROCEDURE – Alternative application brought by the third respondent for striking out of the further amended statement of claim pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) – Where third respondent contends that the pleading fails to establish serious harm – Where the pleading discloses a reasonable cause of action – Where the third respondent further contends that the concerns notices are invalid and the pleading should be struck out as an abuse of process – Whether the concerns notices inform the publisher of the serious harm to the person’s reputation alleged to have been caused by the publications – Where inferences may be drawn from other matters in the concerns notices – Application dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0991
For more information, see the original judgement.
