Roberman v Australian Broadcasting Corporation

This was a defamation case brought by Brian Roberman against the Australian Broadcasting Corporation (ABC) relating to a television broadcast on the ABC's Four Corners program on 12 February 2001. The program included a story about Dr Roberman, a prominent obstetrician and gynaecologist, focusing on several incidents involving his patients. Roberman brought defamation proceedings against the ABC, and the ABC objected to certain paragraphs in Roberman's statement of claim. The Supreme Court of Western Australia struck out a number of paragraphs of Roberman's statement of claim and gave him leave to replead. Roberman then filed an amended statement of claim, which the ABC objected to. The ABC sought to have a number of paragraphs in Roberman's amended statement of claim struck out. The court considered the objections and, in doing so, considered the principles applicable to an application of this kind, including the requirement that imputations must be precisely pleaded and that they must be capable of arising from the words complained of. The court considered each of the paragraphs objected to by the ABC in turn, striking out some of them and allowing others to stand. The court also noted that applications to strike out pleadings are overused and often produce no sufficient countervailing benefit, and that they should be brought promptly so that they might at once be disposed of and the action continued without further interruption.