Mohareb v Fairfax Media Publications Limited; Mohareb v Harbour Radio Pty Limited

The applicants, Mohareb, sought an order vacating the hearing date of their defamation proceedings against Fairfax Media Publications Limited and Harbour Radio Pty Limited. The applicants contended that the hearing date was not convenient for them due to the absence of their legal representative, who had been engaged on an ad hoc basis. The matter was heard in the Federal Circuit Court of Australia. The applicants argued that the delay in vacating the hearing date would cause them significant prejudice, as it would prevent them from presenting their case effectively and potentially result in a default judgment against them.

The court considered the factors relevant to determining whether to vacate the hearing date, including the inconvenience caused to the applicants, the availability of alternative dates, and the potential prejudice to the respondents if the hearing date was vacated. The court also noted that the applicants had not demonstrated any exceptional circumstances that would warrant vacating the hearing date. However, the court recognised that the absence of the applicants' legal representative due to unforeseen circumstances could cause significant inconvenience to the applicants and potentially prejudice their case. The court concluded that the applicants had made out a prima facie case for vacating the hearing date.

The court granted the application to vacate the hearing date, noting that the absence of the applicants' legal representative due to unforeseen circumstances constituted a valid reason for vacating the hearing date. The court emphasised that the decision was not based on any question of principle but rather on the specific circumstances of the case. The court also noted that the respondents had not demonstrated any significant prejudice that would outweigh the inconvenience caused to the applicants. The court ordered that the hearing date be vacated and a new date be set for the hearing of the defamation proceedings.