Jason John Roberts v The Queen [No 2]

In the matter of Jason John Roberts v The Queen [No 2], the applicant sought a takedown order against an article published in The Age that pertained to his potential retrial for murder. The Federal Court was tasked with determining whether the article posed a real risk of substantially interfering with the administration of justice in the pending proceedings, or creating a real risk of prejudice to the applicant’s right to a fair trial.

The legal issues before the court were whether the article posed a real risk of substantial interference with the administration of justice, and whether it created a real risk of prejudice to the applicant's right to a fair trial. The court considered these issues in light of the inherent jurisdiction to prevent abuse of process and to protect the administration of justice.

The court found that the test for a takedown order was not satisfied. It held that the article, while critical of the applicant, did not pose a real risk of substantial interference with the administration of justice, nor did it create a real risk of prejudice to the applicant’s right to a fair trial. The court noted that the article did not contain any prejudicial information that was not already before the court or the public. Consequently, the application was dismissed.

No further orders were made by the court.