Federal Court ... Seven entities, Ben Roberts-Smith's legal team seeking leave to appeal subpoenas ... Subpoenas directed to third party costs orders sought by media respondents in defamation proceedings ... Seven, Roberts-Smith seek stay of timetabling order ... Justice Besanko suspends orders for two weeks ... Courts Editor Stephen Murray reports ... more
Category: Interlocutory/Case-Management
Poland v Hedley (No 5)
Western Australian Supreme Court ... Developer Greg Poland suing WA Today and political figures for defamation and unlawful conspiracy ... Particulars of conspiracy claim largely struck out ... Proportionality of conspiracy claim put in issue ... Loss presently confined to filing fees ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Ben Roberts-Smith, his lawyers and financial backers seek to limit subpoenas on costs issue ... Subpoenas returned from Seven Network, Kerry Stokes' private company and lawyers ... Argument on new subpoenas to be heard next week ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten & Anor; Bruce Lehrmann v Australian Broadcasting Corporation
Federal Court ... Case management hearing told not all of CCTV footage from night former staffer Brittany Higgins says she was raped was preserved ... Subpoena to Parliament for CCTV ... Raw footage from Seven interview with Bruce Lehrmann still being reviewed ... Courts Editor Stephen Murray reports ... more
Russell v Australian Broadcasting Corporation (No 2)
Federal Court ... ABC reinstates public interest defence to claim brought by former commando ... Follows apparent identification of source by applicant ... ABC not confirming or denying identity ... Adhering to promise of confidentiality ... Consideration of "Newspaper Rule" ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Ten Network & Anor; Bruce Lehrmann v Australian Broadcasting Corporation
Federal Court ... Concern at non-production of CCTV footage by Parliament in Lehrmann defamation proceedings ... Objection to subpoena to Penguin Random House overruled ... Seven, National Press Club and Peter FitzSimons respond to subpoenas ... Courts Editor Stephen Murray reports ... more
Cooper v Nine Entertainment Co Pty Ltd
Federal Court ... Tasmanian doctor suing over AFL vaccine exemptions report obtains leave to amend statement of claim ... Leave to join The Age Company ... Concerns notice need not identify every publication ... Imputations permitted to be amended ... Courts Editor Stephen Murray reports ... more
Peter David Schiff v Nine Network Australia & Ors
Federal Court ... January 2024 hearing dates scheduled for Puerto Rican bank case ... Security for costs to be returned ... Timetabling orders made ... Justice Jackman declines to make orders for further mediation ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Ben Roberts-Smith acknowledges liability for partial indemnity costs ... Seven Network and Kerry Stokes private company resist subpoenas on third party costs issues ... Commonwealth seeks to allow war crimes investigators access to sensitive court files ... Courts Editor Stephen Murray reports ... more
Schiff v Nine Network Australia Pty Ltd (No 4)
Federal Court ... Limited number of Burstein particulars allowed in case brought by American financial commentator Peter Schiff ... Justice Ian Jackman distills Burstein ... Particulars of lax vetting procedures allowed ... Indifference to use of bank by bad actors also allowed ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten & Anor; Bruce Lehrmann v Australian Broadcasting Corporation
Federal Court ... Court hears of concerted and calculated media campaign to pressure respondents and witnesses in Lehrmann action against Network Ten ... ABC argues against simultaneous trial with Ten ... Justice Lee opts for judge-alone trial ... Courts Editor Stephen Murray reports ... more
Peter David Schiff v Nine Network Australia Pty Ltd & Ors
Federal Court ... Nine abandons defences of justification and contextual truth in action brought by commentator and banker Peter Schiff ... Action concerns 60 Minutes story on tax evasion investigation ... Left with particulars in mitigation of damages ... Courts Editor Stephen Murray reports ... more