Webster v Brewer

In the Federal Court of Australia, Webster v Brewer involved a defamation dispute where the applicants sought an interim injunction against the respondent for publishing allegedly defamatory material on Facebook. The applicants were members of the Australian Parliament and a not-for-profit organisation, Zoe Support, which assists young mothers in the Mildura region. The respondent, residing in New Zealand, was alleged to have posted defamatory content about the applicants on her Facebook profile.

The court had to decide whether to grant the applicants' request for an interim injunction to prevent the respondent from further publishing the defamatory material, and whether to allow substituted service of the originating application in light of the respondent's overseas residence. The court found that it had jurisdiction over the respondent under the Trans-Tasman Proceedings Act and the Federal Court Australia Act, and that the applicants had satisfied the criteria for an interim injunction. The court noted the serious nature of the allegations, the lack of response from the respondent, and the potential for ongoing harm to the applicants' reputation. The court also decided against granting substituted service, as the applicants had not demonstrated sufficient efforts to serve the respondent directly.

The court granted the interim injunction, restraining the respondent from publishing the identified defamatory material. The order included provisions for the respondent to notify relevant online platforms and mandated that the applicants inform the respondent of the court's order and the legal documents involved. The court reserved costs and granted liberty to apply for further orders.