Rooney v AGL Energy Limited (No 2)

Rooney brought an action against AGL Energy Limited, alleging harm caused by exposure to radiation from the company's operations. The Federal Court was asked to decide whether the trial, initially proposed to be conducted via video conferencing due to the COVID-19 pandemic, should proceed as planned or be rescheduled. The case turned on whether the use of video conferencing would result in significant prejudice to the applicant, particularly in terms of timely instructions from counsel and solicitors, the overall conduct, length, and expense of the trial, and the inability of witnesses to be examined and cross-examined in person.

The court examined the potential for prejudice to the applicant if the trial proceeded as scheduled via video conferencing. It considered the applicant's concerns about the remote nature of the hearing impeding the ability to obtain instructions in a timely manner, which could impact the conduct, length, and expense of the trial. Furthermore, the court weighed the risk of procedural unfairness and potential injustice if witnesses were not examined and cross-examined in person, as this could affect the fairness and integrity of the trial process.

After considering the arguments presented, the court concluded that the potential for prejudice to the applicant was significant. The inability to conduct in-person examinations and cross-examinations, alongside concerns about timely instructions and the overall efficiency of the trial, led the court to vacate the proposed trial date. The court recognised the importance of ensuring that the trial was conducted in a manner that would not unfairly disadvantage any party and that the rights of the parties to a fair trial were preserved.

The court vacated the trial date previously set for 14 April 2020. This decision was made to address the significant potential for prejudice identified by the applicant, ensuring that the trial could proceed in a manner that would be fair and just to both parties, taking into account the unique circumstances posed by the COVID-19 pandemic.