Saw v Seven Network (Operations) Ltd

Case [2024] FCA 1210

FEDERAL COURT OF AUSTRALIA

Saw v Seven Network (Operations) Ltd [2024] FCA 1210

File number: NSD 1235 of 2024
Judgment of: PERRAM J
Date of judgment: 18 October 2024
Catchwords: PRACTICE AND PROCEDURE – application for suppression and non-publication orders – where statement of claim filed but no defence or reply – where matter referred to a mediation yet to occur – whether disclosure of pleadings might imperil mediation – whether suppression and non-publication orders necessary to prevent prejudice to the proper administration of justice
Legislation:

Access to Justice (Federal Jurisdiction) AmendmentAct 2012 (Cth)

Fair Work Act 2009 (Cth)

Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF, 37AG, 37L, 37M

Federal Court Rules 2011 (Cth) rr 2.32, 16.02, 16.52

Access to Justice (Federal Jurisdiction) Amendment Bill 2011 (Cth)

Court Suppression and Non-Publication Orders Act 2010 (NSW) s 6

Open Courts Act 2013 (Vic)
Cases cited:

Federal Commissioner of Taxation v Macoun [2014] FCAFC 162; 227 FCR 265

Ferguson v Tasmanian Cricket Association (t/as Cricket Tasmania) [2021] FCA 1507

John Fairfax Publications Pty Ltd v Ryde Local Court [2005] NSWCA 101; 62 NSWLR 512

Master Education Services Pty Ltd v Ketchell [2008] HCA 38; 236 CLR 101

McLaughlin v Glenn [2020] FCA 679

Ogawa v President of the Australian Human Rights Commission [2022] FCAFC 160; 294 FCR 221

Patterson v Westpac Banking Corporation [2024] FCA 629

Patterson v Westpac Banking Corporation (No 2) [2024] FCA 818

Plaintiff M47/2012 v Director-General of Security [2012] HCA 46; 251 CLR 1

Porter v Australian Broadcasting Corporation [2021] FCA 863

Rinehart v Welker [2011] NSWCA 403; 93 NSWLR 311

Ryan v Transurban Limited [2024] FCA 994

Valentine Fremantlemedia Australia Pty Ltd [2013] FCA 1293

Young v Accenture Australia Pty Ltd [2024] FCA 1013
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 30
Date of hearing: 11 October 2024
Counsel for the Applicant: Mr P Boncardo
Solicitor for the Applicant: Maurice Blackburn Lawyers
Counsel for the Respondent: Ms K Eastman SC and Ms N Alroe
Solicitor for the Respondent: Johnson Winter Slattery
Solicitor for the Interested Non-Parties: Ms A CausleyTodd

ORDERS

NSD 1235 of 2024
BETWEEN:

AMELIA SAW

Applicant
AND:

SEVEN NETWORK (OPERATIONS) LTD

Respondent

ORDER MADE BY:

PERRAM J

DATE OF ORDER:

18 OCTOBER 2024

THE COURT ORDERS THAT:

1.The parties bring in a short minute of orders to give effect to these reasons within seven days.

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


REASONS FOR JUDGMENT

PERRAM J:

INTRODUCTION

  1. The Applicant, Ms Saw, is a journalist who was formerly employed by the Respondent, Seven Network (Operations) Ltd (‘Seven’), on its current affairs program Spotlight.  By an originating application filed in this Court on 6 September 2024, Ms Saw seeks relief for contraventions of the Fair Work Act 2009 (Cth) arising from her employment by Seven. The originating application was accompanied by a statement of…

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Details
AGLC
Saw v Seven Network (Operations) Ltd [2024] FCA 1210
Case
[2024] FCA 1210
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of Saw v Seven Network (Operations) Ltd was brought before the court. The plaintiff, Saw, filed a statement of claim against Seven Network, seeking various forms of relief. The dispute pertains to allegations of defamation and invasion of privacy, stemming from media coverage by Seven Network. The court was tasked with considering an application for suppression and non-publication orders by the plaintiff.

The central legal issues before the court involved the appropriateness of suppression and non-publication orders in circumstances where a statement of claim had been filed but no defence or reply had been lodged by the defendant. Additionally, the court had to consider whether the potential disclosure of the pleadings might prejudice the prospects of a successful mediation, which had been referred to but not yet commenced. The court had to balance the public's right to know, which is a fundamental principle in defamation cases, against the need to protect the integrity of the mediation process.

The court determined that the public interest in ensuring that the administration of justice is not prejudiced outweighed the public interest in the publication of the material. It was noted that the defendant had not opposed the suppression and non-publication orders, and the matter had been referred to mediation. Given these factors, the court found it appropriate to grant the orders to protect the mediation process from any potential prejudice. The court ordered that the parties submit a minute of orders to give effect to these reasons within seven days, as per Rule 39.32 of the Federal Court Rules 2011.

Orders

Orders of the court

1. The parties bring in a short minute of orders to give effect to these reasons within seven days.

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

Background

Background to the litigation

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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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