Murdoch v Private Media Pty Ltd (No 5)

Murdoch v Private Media Pty Ltd (No 5) involved the applicant, Rupert Murdoch, and the respondents, Private Media Pty Ltd and others. The dispute centred on defamation claims, and the case was heard in the Federal Court of Australia. The respondents sought an extension of time to file their defence due to their recent access to potentially relevant material disclosed in United States proceedings. The applicant opposed this extension, arguing it would prejudice the trial date. Additionally, the applicant sought a separate determination of the defamatory meaning of certain words in the claim before the trial.

The court addressed the legal issues by considering the factors under rule 1.39 of the Federal Court Rules 2011 (Cth), including the delay, any prejudice to the applicant, and the preservation of the current trial date. The court found that the delay was adequately explained, and there was no material prejudice to the applicant. Consequently, the court granted the respondents' application for an extension of time to file their defence. The court also dismissed the applicant's separate application for a determination of the defamatory meaning, noting the limited availability of the court to hear such issues separately before the trial and the prospect of an appeal affecting the trial date.

The court made specific orders to extend the time for the respondents to file their defence to 4.00pm on 11 April 2023 and for the applicant to file any reply to the respondents' defence to 4.00pm on 2 May 2023. It also granted the respondents leave to withdraw certain admissions and dismissed the applicant’s interlocutory application. The costs of the interlocutory applications were reserved for further submissions.