Category: Interlocutory/Case-Management

Federal Court ... Ben Roberts-Smith seeks transcripts of interview from war crimes inquiry ... Wishes to test evidence and credit of justification witnesses ... Inspector-General of ADF claims public interest immunity ... Roberts-Smith says balance favours disclosure ... Courts Editor Stephen Murray reports ... more

Federal Court ... Legal professional privilege claimed over report prepared by investigative journalist Ross Coulthart ... Dominant purpose said to be seeking advice ahead of war crimes inquiry and defamation proceedings ... Seven West had interest in indemnification for legal fees, reputation as employer ... Respondents argue for access to the report, saying it was prepared for commercial purpose, and to stress-test Roberts-Smith ... Courts Editor Stephen Murray reports ... more

Federal Court ... Resumption of Roberts-Smith trial up in the air ... Bid to relocate to Adelaide rejected ... Option of resumption in mid-January flagged by Justice Besanko ... Resumption in mid-November to hear from NSW witnesses rejected ... Courts Editor Stephen Murray reports ... more

NSW District Court ... Real estate agent suing over Facebook post alleging failure to pay superannuation .. Bid for summary judgment on proportionality grounds dismissed ... History of cool reception for Jameel and Thornton principles ... Issue with "employees" in the plural ... Serious allegations ... Courts Editor Stephen Murray reports ... more

Federal Court ... Counsel for Roberts-Smith urges relocation of trial to Adelaide ... Hard border stance of WA's impact on witnesses ... Counsel for respondents seeks delay until late February ... Delays arising from security logistics ... Argument over confidentiality of exhibits ... Courts Editor Stephen Murray reports ... more

Federal Court ... Ben Roberts-Smith seeks joinder of ex-wife's friend and her partner to proceedings ... Claim that Telstra account linked to pair accessed Roberts-Smith's email account 101 times ... Overlap between case against pair and ex-wife ... Decision reserved ... Courts Editor Stephen Murray reports ... more

Federal Court ... YouTube comedian Jordan Shanks loses bid for jury trial ... Justice Rares: "legislative morass" in Defamation Act amendments ... Dispute over whether new defences and provisions apply ... Uncertainty over Covid-19 ... Complexity of law for a jury ... Respondents' deep pockets ... Courts Editor Stephen Murray reports ... more

Federal Court ... Lawyers for Ben Roberts-Smith accuse ex-wife of lying in affidavit ... Question of access to emails in private account ... Records show access by account linked to friend of Emma Roberts ... Roberts: "purely speculative" ... Question of privilege over draft media releases ... Justice Besanko to consider evidence and submissions ... Courts Editor Stephen Murray reports ... more

WA Supreme Court ... Plaintiff an independent candidate for Julia Bishop's seat ... Use of fabricated polling data ... Vituperative newspaper articles ... Shadowy connections ... Range of defences pleaded ... Reply inadequate ... Leave granted for plaintiff to replead ... Janek Drevikovsky reports ... more

Federal Court ... Christian Porter seeks declaration media interveners are bound by implied undertaking ... Question whether implied undertaking applies to pleadings ... Media interveners argue implied undertaking in present case would be "gross distortion" of purpose ... Amounts to "de facto suppression order" ... Decision reserved ... Courts Editor Stephen Murray reports ... more