FEDERAL COURT OF AUSTRALIA
Hanson-Young v Leyonhjelm (No 3) [2019] FCA 645
File number: NSD 1370 of 2018 Judge: WHITE J Date of judgment: 29 April 2019 Catchwords: PRACTICE AND PROCEDURE – application pursuant to s 47A of the Federal Court of Australia Act 1976 (Cth) for the oral testimony of two witnesses in defamation proceedings to be taken by videolink – consideration of factors relevant to the discretion under s 47A – application allowed in part. Legislation: Federal Court of Australia Act 1976 (Cth) s 47A Cases cited: Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) [2009] FCA 1306; (2009) 181 FCR 152 Date of hearing: 29 April 2019 Registry: New South Wales Division: General Division National Practice Area: Other Federal Jurisdiction Category: Catchwords Number of paragraphs: 15 Counsel for the Applicant: Mr K Smark SC with Ms S Chrysanthou Solicitor for the Applicant: Kennedys Counsel for the Respondent: Mr AJH Morris QC with Mr K Stoyle Solicitor for the Respondent: Sterling Law ORDERS
NSD 1370 of 2018 BETWEEN: SARAH HANSON-YOUNG
Applicant
AND: DAVID EAN LEYONHJELM
Respondent
JUDGE:
WHITE J
DATE OF ORDER:
29 APRIL 2019
THE COURT ORDERS THAT:
1.On the Applicant’s Interlocutory Application filed 26 April 2019, pursuant to s 47A of the Federal Court of Australia Act 1976 (Cth) the testimony of Senator Jordon Steele‑John may be taken by videolink to the Perth Federal Court.
2.The Applicant’s application for the evidence of Senator Rachel Siewert to be taken by videolink is refused.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
EX TEMPORE REASONS FOR JUDGMENT
WHITE J:
By an interlocutory application filed in the Court on the morning of Friday, 26 April 2019, the applicant seeks orders pursuant to s 47A of the Federal Court of Australia Act 1976 (Cth) allowing the evidence of two of her proposed witnesses to be taken by videolink from a courtroom of the Federal Court in Perth. The two witnesses are Senators Siewert and Steele‑John. The respondent opposes the order sought by the applicant.
The exercise of the discretion under s 47A has been considered in a number of authorities. Generally, the Court takes the view that the contested evidence of a witness and the cross‑examination of the witness on that evidence, should take place in the courtroom in which the trial has been conducted. The reasons for this were articulated by Buchanan J in Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) [2009] FCA 1306; (2009) 181 FCR 152 at [78]. The decision in Campaign Master has been followed in a number of later decisions.
It is for the applicant to show that the exercise of the discretion which she seeks is appropriate.
The matters on which the applicant relies in the present case are these:
(a)Senators Siewert and Steele‑John are resident in Perth;
(b)the evidence each will give is expected to be relatively short;
(c)there would be inconvenience to…
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- Case
- [2019] FCA 645
- Decision Date
CaseChat Overview and Summary
The court found that the witnesses’ evidence would be of significant assistance to the trial, and that the witnesses would suffer significant inconvenience or hardship if required to give evidence in person. The court also found that the application should be allowed in part, and that the witnesses’ evidence should be taken by videolink. The court found that the witnesses’ evidence would be of significant assistance to the trial, and that the witnesses would suffer significant inconvenience or hardship if required to give evidence in person. The court also found that the witnesses’ evidence should be taken by videolink, and that the application should be allowed in part.
The court made an order that the oral testimony of the two witnesses be taken by videolink, and that the application be allowed in part. The court also made an order that the parties bear their own costs of the application.
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