Bailey v McCrae & Ors (Civil Dispute)

The applicant, Bailey, has commenced proceedings against McCrae and two other respondents in the context of a defamation dispute. The matter was before the court to determine the procedural steps to be taken in light of the applicant's failure to provide a concerns notice to one of the respondents in compliance with the statutory requirements.

The court was required to determine whether the applicant's failure to provide a written concerns notice to one of the respondents constituted a fatal procedural flaw, and if so, whether this defect could be rectified. Additionally, the court had to consider whether there was consent to the use of electronic communication for the filing and service of documents.

The court found that the applicant had not provided a concerns notice to the second respondent in compliance with section 124B(1)(a) of the Civil Law (Wrongs) Act 2002. As a result, the application against the second respondent was dismissed. However, the court found that the applicant had provided the required notice to the first and third respondents, and therefore proceeded to outline the procedural steps to be taken for the remaining respondents. The court ordered the applicant to file subpoenas for documents or other things requested with the Tribunal before 7 August 2023, and to provide an outline of submissions and evidence in support of the serious harm element by 31 August 2023. The respondents were required to provide their outline of submissions and evidence by 28 September 2023. The matter was listed for hearing on 5 October 2023 to determine whether the serious harm element was satisfied.

In light of the findings, the court made orders that the application against the second respondent be dismissed, and issued specific directions for the filing of documents and evidence in relation to the remaining respondents.