Delayed YouTube broadcasts of Ben Roberts-Smith trial pulled after concerns of misuse ... Sensitive witnesses not publicly shown ... Video access in court building and for approved media and parties ... Fears YouTube broadcast used to identify sensitive witnesses by foreign entities ... Open justice still satisfied ... Courts Editor Stephen Murray reports ... more
Category: Interlocutory/Case-Management
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Interlocutory application over evidence to be given by witnesses for Roberts-Smith ... Respondents: Highly specific but false assertions made by Roberts-Smith and four witnesses ... Error cannot be explained by coincidence or innocent mistake ... Roberts-Smith: "completely baseless"... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Application for leave to subpoena reluctant witness Person 56 ... Newspapers argue Covid delay provided opportunity to seek co-operation ... Roberts-Smith argues unsatisfactory explanation for delay and prejudice ... Person 56 seeks to set aside subpoena ...Courts Editor Stephen Murray reports ... more
Massarani v Kriz
Applicant's original proceedings failed in the District and Appeal courts ... Federal Court to the rescue ... Unsuccessful multi-pronged attempt to strike out a claim against crowdfunder chuffed.org and original defendant ... Original article in Honi Soit ... Janek Drevikovsky reports ... more
Andrew Laming v Nine Network Australia Pty Ltd & Anor
Queensland MP Andrew Laming sues over broadcast alleging lewd conduct in taking photograph ... Succeeds in striking out contextual imputation he is unfit to be an MP ... Nine succeeds in retaining "creep" contextual ... Courts Editor Stephen Murray reports ... more
Benjamin Colin McGregor v Sarah Jane Darcey
Rare Federal Court jury trial flagged for sexual harassment claims ... Former Tasmanian ALP President suing over statutory declaration making allegations of sexual harassment ... Claims alleged to be part of factional power play ... Defences of justification, contextual truth and qualified privilege ... Courts Editor Stephen Murray reports ... more
Roberts-Smith v Roberts
Ben Roberts-Smith fails in bid to examine ex-wife over access to his email accounts ... Contention that specific documents sought in defamation case could only have resulted from inappropriate access ... Assertions rejected as "ill founded" ... Case management ahead of trial resuming on February 2 ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Ruling on access to emails between respondents and Roberts-Smith's former colleague ... Legal professional privilege issues ... Question of waiver ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Roberts-Smith trial scheduled to recommence on February 2 ... Respondents sought resumption date of February 14 ... Roberts-Smith sought January 31 ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Roberts-Smith seeks full and unredacted communications over the decision to call fellow trooper to give evidence ... Argues legal professional privilege has been waived ... Respondents say affidavit records decision, not the basis for it ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Report prepared by journalist Ross Coulthart on rumours and allegations circulating around Roberts-Smith protected by legal professional privilege ... Emails including draft media releases also protected ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Former colleague of Ben Roberts-Smith proposes to give evidence ... Evidence relates to Darwan mission in 2012 where Roberts-Smith is alleged to have kicked detainee off a cliff ... Respondents deny side-deal over confining evidence to Darwan mission ... Courts Editor Stephen Murray reports ... more