B1 v B2

In the Federal Circuit Court, B1 brought proceedings against B2 for defamation over material published concerning alleged domestic violence. B2 filed a defence and subsequently sought to amend it, leading to an application by B1 to strike out the defence. The matter was currently before another tribunal under the Family Law Act 1975, raising concerns that the publication might contravene section 121 of that Act. The court was required to determine whether leave to amend the defence should be granted and whether the case should be referred to the registrar.

The court found that the defence contained material that was potentially in breach of section 121 of the Family Law Act 1975. Despite this, the court recognised that the case involved complex issues that were best addressed by the tribunal handling the family law matter. The court determined that the defence needed to be amended to remove any reference to the potentially prohibited material. The court granted leave to amend the defence, with a strict deadline, and instructed that the amended defence be filed by 13 October 2017. If the amendments were not satisfactory, the court warned that the defence could be subject to summary dismissal and judgment in favour of B1, with the proceedings to proceed to assessment of damages.

The court ordered that a copy of the reasons for the decision be sent to the Registrars of the Federal Circuit Court of Australia and the Family Court of Australia. B2 was directed to pay the costs of the application. The matter was adjourned to the Defamation List on 26 October 2017, for further assessment.