Peros v Irons - [2024] FCA 902

FEDERAL COURT OF AUSTRALIA
Peros v Irons [2024] FCA 902

File number: QUD 515 of 2023

Judgment of: DERRINGTON J

Date of judgment: 13 August 2024

Catchwords: PRACTICE AND PROCEDURE – cross-vesting – defamation action – whether proceeding should be transferred to Supreme Court of Queensland pursuant to s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) – where similar or related defamation proceedings on foot in the Supreme Court of Queensland – where application unopposed – where interests of justice in favour of transfer – application granted

Legislation:
Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)

Federal Court Rules 2011 (Cth)

Defamation Act 2005 (Qld)

Cases cited:
Amalia Investments Ltd v Virgtel Global Networks NV (No 2) (2011) 198 FCR 248

Bankinvest AG v Seabrook (1988) 14 NSWLR 711

BHP Billiton Ltd v Schultz (2004) 221 CLR 400

Civil & Civic Corporation Pty Ltd v Nova Builders Pty Ltd [2022] FCA 1515

Shields v Williams [2019] FCA 413

Division: General Division

Registry: Queensland

National Practice Area: Other Federal Jurisdiction

Number of paragraphs: 37

Date of last submissions: 16 February 2024
The Applicant did not provide submissions

Date of hearing: Determined on the papers

Solicitor for the Applicant: Rostron Carlyle Rojas Lawyers

Counsel for the Respondent: Mr D Sibtain SC with Ms P Morreau

Solicitor for the Respondent: Thomson Geer

ORDERS

QUD 515 of 2023

BETWEEN:
JOHN PEROS

Applicant

AND:
ISAAC IRONS

Respondent

ORDER MADE BY:

DERRINGTON J

DATE OF ORDER:

13 AUGUST 2024

THE COURT ORDERS THAT:
1.Pursuant to s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), proceeding QUD 515 of 2023 be transferred to the Supreme Court of Queensland.
2.The applicant pay the respondent’s costs of the interlocutory application filed on 16 February 2024.
3.Any remaining costs of the proceeding up to the date of transfer be each party’s costs in the cause.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
DERRINGTON J:
Overview

By an interlocutory application filed on 16 February 2024, Mr Isaac Irons, the respondent in defamation proceedings, seeks an order pursuant to r 27.21 of the Federal Court Rules 2011 (Cth) and s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) (Cross-vesting Act) that the proceeding be transferred to the Supreme Court of Queensland.
On 2 February 2024, orders were made with respect to the filing of that interlocutory application and any materials in support. Relevantly, it was ordered that:
(a)the applicant, Mr John Peros, could file any material (including written submissions) in response to the application (if he wished to do so) by 1 March 2024; and
(b)the application would be determined without an oral hearing unless either party notified the Court in their written submissions that they sought an oral hearing.
Mr Irons filed the application and material in support on 16 February 2024. Mr Peros did not file any material in response by 1 March 2024, or at all. Neither party…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Peros v Irons

Details

AGLC: Peros v Irons [2024] FCA 902
Case: [2024] FCA 902
Decision Date: 13 August 2024

CaseChat Overview and Summary

The Federal Court was asked to decide whether to transfer a defamation proceeding to the Supreme Court of Queensland. The plaintiff, Mr Peros, was charged with the murder of Shandee Blackburn in 2014, but was acquitted in 2017. Mr Irons, a journalism student, assisted in producing an investigative podcast about the murder. Mr Peros filed defamation proceedings against Mr Irons for posts on a Facebook group related to the podcast, claiming they implied he was a murderer and a dangerous criminal. The court had to determine whether the proceeding should be transferred to the Supreme Court of Queensland under s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) because similar or related defamation proceedings were already underway there. The application to transfer was unopposed, and the court considered the interests of justice favoured the transfer.

The court granted the application for transfer, noting that the interests of justice were best served by having the defamation proceeding determined by the Supreme Court of Queensland. This decision was made because the Supreme Court of Queensland was already dealing with similar or related defamation proceedings, which would allow for efficient and consistent resolution of issues across both cases. The court also highlighted that the application was unopposed, which further supported the decision to transfer the proceeding. The court ordered that the proceeding be transferred to the Supreme Court of Queensland, and directed that the costs of the interlocutory application be paid by the applicant, while any remaining costs up to the date of transfer would be each party's costs in the cause.

Orders

Orders of the court

1. Pursuant to s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), proceeding QUD 515 of 2023 be transferred to the Supreme Court of Queensland.

2. The applicant pay the respondent’s costs of the interlocutory application filed on 16 February 2024.

3. Any remaining costs of the proceeding up to the date of transfer be each party’s costs in the cause.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

For the reasons that follow, it is in the interests of justice that the proceeding be transferred to, and determined by, the Supreme Court of Queensland.Background and the present proceeding Mr Peros has brought defamation proceedings in this Court against Mr Irons. Mr Irons is a journalism student who assisted Mr Hedley Thomas, a journalist, and “The Australian”, a newspaper published by Nationwide News Pty Ltd (Nationwide News), to produce an investigative podcast entitled, “Shandee’s Story” (the Podcast). As part of his employment with Nationwide News, Mr Irons is one of three administrators of a “Facebook Group” entitled, “Shandee’s Story Podcast Official Discussion Group”. The Podcast concerns the murder of Ms Shandee Blackburn on 9 February 2013. It comprises 20 episodes published variously between 14 October 2021 and 16 June 2022. Mr Peros was charged with Shandee Blackburn’s murder in 2014, but was acquitted of that charge in 2017 following a trial in the Supreme Court of Queensland. In 2019, an extensive coronial investigation was conducted into Shandee Blackburn’s death. In 2020, the Central Coroner of the Coroner’s Court of Queensland issued his decision and reasons, in which he made certain findings about her death. He found that Shandee Blackburn died due to injuries sustained in an incident involving violence with Mr Peros who used a bladed instrument. Following the release of that decision, the Podcast was produced, and various content relating to it was widely published. In his statement of claim against Mr Irons in the present proceeding, Mr Peros complains about certain publications alleged to have occurred within the Shandee’s Story Podcast Official Discussion Group. The first matter complained of relates to a post made by Mr Irons on or about 15 December 2022 entitled, “Shandee Blackburn murder suspect John Pero’s [sic] DNA to…”. The matter of which Mr Peros complains is a response to that post made by another Facebook user. It read:Craig Eberhardt’s argument against “The Australian’s” podcast just won’t wash. “The Teacher’s Pet” by Hedley Thomas has set the precedent for uncovering the truth and sentencing the real criminals. I’m waiting for the day Peros goes to jail which will be justice for Shandee. Everyone knows he did it. We are in good hands with people like Ian Harrison who sentenced Chris Dawson to 24 years jail and Water Sofronoff who led the Commission of Enquiry into QLD Forensics. All of which wouldn’t have been made possible without two remarkable individuals, Hedley Thomas and Dr Kirsty Wright. The podcasts have served to restore my faith in the fact that at some point justice will be served It is alleged that the imputations from this are that Mr Peros is a murderer, in that he murdered Shandee Blackburn, and that he is a dangerous criminal, such that he should be in gaol. The second matter complained of relates to a response made by another Facebook user to a different post on the Facebook Group. It stated:John has a huge sense of entitlement. As well as being an egotistical narcissist. I wonder if Poppy would want her daughter dating a man like her brother?

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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File number:	QUD 515 of 2023
Judgment of:	DERRINGTON J
Date of judgment:	13 August 2024
Catchwords:	PRACTICE AND PROCEDURE – cross-vesting – defamation action – whether proceeding should be transferred to Supreme Court of Queensland pursuant to s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) – where similar or related defamation proceedings on foot in the Supreme Court of Queensland – where application unopposed – where interests of justice in favour of transfer – application granted
Legislation:	Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Federal Court Rules 2011 (Cth) Defamation Act 2005 (Qld)
Cases cited:	Amalia Investments Ltd v Virgtel Global Networks NV (No 2) (2011) 198 FCR 248 Bankinvest AG v Seabrook (1988) 14 NSWLR 711 BHP Billiton Ltd v Schultz (2004) 221 CLR 400 Civil & Civic Corporation Pty Ltd v Nova Builders Pty Ltd [2022] FCA 1515 Shields v Williams [2019] FCA 413
Division:	General Division
Registry:	Queensland
National Practice Area:	Other Federal Jurisdiction
Number of paragraphs:	37
Date of last submissions:	16 February 2024 The Applicant did not provide submissions
Date of hearing:	Determined on the papers
Solicitor for the Applicant:	Rostron Carlyle Rojas Lawyers
Counsel for the Respondent:	Mr D Sibtain SC with Ms P Morreau
Solicitor for the Respondent:	Thomson Geer

ORDER MADE BY:	DERRINGTON J
DATE OF ORDER:	13 AUGUST 2024