DEFAMATION – application brought by respondents pursuant to s 10A(4) of the Defamation Act 2005 (Vic) for an order that the “serious harm element” of the cause of action for defamation brought against them by the applicant be determined before the trial of the proceeding commences – where unclear whether ss 10A(5) and (6) of the Defamation Act 2005 (Vic) is picked up by s 79(1) of the Judiciary Act 1903 (Cth) – where order to be made instead that certain questions, including the serious harm element question, be heard separately from any other questions pursuant to s 37P of the Federal Court of Australia Act 1976 (Cth) and r 30.01 of the Federal Court Rules 2011 (Cth)
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0432
For more information, see the original judgement.
