Gatto v Australian Broadcasting Corporation (No 1)

Gatto v Australian Broadcasting Corporation (No 1) involved a defamation claim brought by the plaintiff, Mr Gatto, against the defendant, Australian Broadcasting Corporation (ABC). The dispute centred around alleged defamatory statements made by the ABC in their media coverage. The case was heard in the Supreme Court of Victoria. Mr Gatto sought to have his defamation claim heard by a jury, while the ABC argued that due to the ongoing COVID-19 pandemic, the trial should proceed without a jury.

The legal issues before the court were whether the plaintiff's right to a jury trial could be denied in light of the suspension of all new jury trials, and whether the court should proceed with the trial as a cause before a judge alone. The court had to consider the implications of Rule 47.02 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) and section 11 of the Civil Procedure Act 2010 (Vic), which allows for a trial to proceed as a cause if it would otherwise be indefinitely delayed.

In its reasoning, the court found that the suspension of jury trials due to the pandemic constituted an indefinite delay as contemplated by the Civil Procedure Act. The court held that it was appropriate for the trial to proceed as a cause before a judge alone, given the circumstances. The court concluded that the potential for prejudice to the plaintiff was outweighed by the need to ensure that justice could be administered in a timely manner, and that the risk of prejudice could be mitigated by appropriate directions and the exercise of judicial discretion.

The court ordered that the trial proceed as a cause before a judge alone. It directed that appropriate measures be taken to ensure fairness, including detailed written reasons for any significant departure from the normal procedure in a jury trial. The court also made specific directions regarding the conduct of the trial to ensure the rights of both parties were protected.