Clarke v Nationwide News Pty Limited
[2010] FMCA 503
•20 July 2010
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| CLARKE v NATIONWIDE NEWS PTY LIMITED | [2010] FMCA 503 |
| PRACTICE & PROCEDURE – Transfer of case to Federal Court. |
Clarke v West Australian Newspapers Limited [2010] FMCA 502
| Applicant: | NATALIE CLARKE |
| Respondent: | NATIONWIDE NEWS PTY LIMITED T/AS THE SUNDAY TIMES |
| File Number: | PEG 40 of 2010 |
| Judgment of: | Raphael FM |
| Hearing date: | 6 July 2010 |
| Date of Last Submission: | 6 July 2010 |
| Delivered at: | Perth |
| Delivered on: | 20 July 2010 |
REPRESENTATION
| Counsel for the Applicant: | Mr G McIntyre SC |
| Solicitors for the Applicant: | Aboriginal Legal Service of WA Inc. |
| Solicitors for the Respondent: | Edwards Wallace |
ORDERS
Matter transferred to Federal Court of Australia.
Costs of the application to be costs in the cause.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT PERTH |
PEG 40 of 2010
| NATALIE CLARKE |
Applicant
And
| NATIONWIDE NEWS PTY LIMITED T/AS THE SUNDAY TIMES |
Respondent
REASONS FOR JUDGMENT
The applicant in this matter seeks relief from this court in a manner similar to that which she sought in Clarke v West Australian Newspapers Limited PEG 39 of 2010. Her complaints arise in similar circumstances as those dealt with in that proceeding. The “publications” alleged against the respondent are of course different to those alleged against The West Australian but arise out of the same factual matrix. In this case the applicant seeks a transfer, the respondent is neutral. I would propose to make a transfer order for the reasons of the administration of justice that I expressed in my decision in Clarke v West Australian Newspapers Limited [2010] FMCA 502 noting that, whilst in this case there is not a mutual request for transfer, the legal issues are similar and it would be inappropriate to have one case involving those issues decided in this court and one case decided in the Federal Court.
The matter shall be transferred to the Federal Court of Australia. The costs of the application and all costs so far incurred in this court shall be costs in the cause.
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 20 July 2010
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