Edwards v Nine Network Australia Pty Ltd

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FEDERAL COURT OF AUSTRALIA

Edwards v Nine Network Australia Pty Limited [2022] FCA 509

File number: NSD 129 of 2022
Judgment of: WIGNEY J
Date of judgment: 26 April 2022
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend defence – where respondents failed to file defence within 28 days per r 16.32 of Federal Court Rules 2011 (Cth) – where pleadings in defamation case concerning a custody dispute between a man, a woman and a cavoodle were alleged to be defective or deficient and liable to be struck out per r 16.21(1) of Federal Court Rules 2011 (Cth) – a tight leash
Legislation:

Federal Court of Australia Act 1976 (Cth) s 37M(1)

Evidence Act 1995 (Cth) s 91

Federal Court Rules2011 (Cth) rr 16.21(1), 16.32

Defamation Act 2005 (NSW) s 26

Cases cited:

Australian Broadcasting Corporation v Chau Chak Wing (2019) 271 FCR 632; [2019] FCAFC 125

Australian Broadcasting Corporation v Hodgkinson [2005] NSWCA 190

Barilaro v Shanks-Markovina (No 2) [2021] FCA 950

Burstein v Times Newspapers [2001] 1 WLR 579

John Fairfax Publications Pty Ltd v Hitchcock (2007) 70 NSWLR 484; [2007] NSWCA 364

Rush v Nationwide News Pty Ltd [2018] FCA 357

Rush v Nationwide News Pty Ltd (No 2) [2018] FCA 550

Vintage Marine Art Pty Ltd v Henderson [2021] NSWSC 48

Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 50  
Date of hearing: 26 April 2022
Counsel for the Applicant  Ms S Chrysanthou SC with Mr N Olson
Solicitor for the Applicant  Company Giles
Counsel for the First, Second and Third Respondents Mr D Sibtain with Ms C Roberts
Solicitor for the First, Second and Third Respondents Bird & Bird

ORDERS

NSD 129 of 2022
BETWEEN:

GINA EDWARDS

Applicant

AND:

NINE NETWORK AUSTALIA PTY LIMITED

First Respondent

TCN CHANNEL NINE PTY LIMITED

Second Respondent

STEVE MARSHALL

Third Respondent

ORDER MADE BY:

WIGNEY J

DATE OF ORDER:

26 APRIL 2022

THE COURT ORDERS THAT:

1.The respondents have leave to file and serve a defence in the form attached to the respondents’ submissions dated and filed 14 April 2022, subject to it omitting paragraphs 20.1(c), 20.4 and 21.4 of the proposed defence and paragraphs 28 and 29 of the annexure to the proposed defence.

2.The defence filed in accordance with order 1 be filed and served on or before 27 April 2022.

3.The respondents pay the applicant’s costs of and associated with the interlocutory application dated 5 April 2022 and the amended interlocutory application dated 14 April 2022.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


REASONS FOR JUDGMENT
(Delivered ex tempore, revised from transcript)

WIGNEY J:

  1. A Current Affair is a television program which, as its name would tend to suggest, occasionally airs stories concerning current affairs.  On 24 May 2021 and 1 June 2021, the program aired hard-hitting stories about a complicated triangular custody dispute involving a man, a woman and a dog.…

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Details
Case
[2022] FCA 509
Decision Date

CaseChat Overview and Summary

The case of Edwards v Nine Network Australia Pty Ltd arose in the Federal Court of Australia, involving a defamation claim brought by the applicant, Edwards, against the respondents, Nine Network Australia Pty Ltd. The dispute centers around alleged defamatory statements made by the respondents in relation to a custody dispute involving Edwards, another individual, and a dog. The respondents did not file a defence within the stipulated 28 days as required by Rule 16.32 of the Federal Court Rules 2011, prompting Edwards to seek relief under Rule 16.21(1) of the same rules. Edwards argued that the respondents' failure to file a defence warranted the striking out of the pleadings, as they were defective or deficient. The court had to determine whether the respondents should be granted leave to file a defence and, if so, what conditions should be imposed on the amended defence.

The central legal issues before the court were whether the respondents were entitled to leave to amend their defence, given their failure to file a defence within the required timeframe, and what conditions should be imposed on the amended defence. The court had to balance the need for efficient litigation processes with the respondents' right to present a defence. Furthermore, the court needed to consider the specific requirements for the amended defence to ensure it addressed the deficiencies identified by the applicant.

The court granted the respondents leave to file an amended defence, but imposed specific conditions to mitigate the delay. The court required the omission of certain paragraphs from the proposed defence and annexure, ensuring the amended defence would be concise and focused on the substantive issues. The court emphasised the importance of adhering to procedural timelines to maintain the efficiency of the judicial process. Additionally, the court ordered the respondents to pay the applicant's costs associated with the interlocutory applications, reflecting the consequences of failing to comply with procedural rules.

The final orders of the court mandated that the respondents file and serve an amended defence by a specified date, omitting certain paragraphs, and pay the applicant's costs for the interlocutory applications. The court's decision underscores the importance of timely compliance with procedural rules in litigation and the need for concise and focused pleadings to ensure the efficient resolution of disputes.

Orders

Orders of the court

1. The respondents have leave to file and serve a defence in the form attached to the respondents’ submissions dated and filed 14 April 2022, subject to it omitting paragraphs 20.1(c), 20.4 and 21.4 of the proposed defence and paragraphs 28 and 29 of the annexure to the proposed defence.

2. The defence filed in accordance with order 1 be filed and served on or before 27 April 2022.

3. The respondents pay the applicant’s costs of and associated with the interlocutory application dated 5 April 2022 and the amended interlocutory application dated 14 April 2022.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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