Federal Court of Australia - National Defamation Practice Note
09 November 2019
The practice note for the conduct of defamation proceedings in the Federal Court has now been finalised, following consultation with the profession.
The Practice Note will take effect from 12 November 2019, and to the extent practicable, will apply to all defamation proceedings, whether commenced before or after 12 November 2019. The Court will take a flexible and common sense approach to any issues arising from the practice note being applied to existing proceedings.
The practice note will be available on the Court's website from 12 November 2019 and should be read in conjunction with the Central Practice Note, which sets out key principles of case management, as well as General Practice Notes relevant to practice in defamation proceedings. These include the Expert Evidence Practice Note, Costs Practice Note, Subpoena and Notice to Produce Practice Note, and Access to Documents and Transcripts Practice Note (which sets out the Court's approach to requests for access to Court documents).
The Court welcomes views in respect of the Defamation Practice Note. Feedback should be provided by email addressed to Rupert Burns, the National Co-ordinating Registrar for the Defamation Sub-area, at practice.notes@fedcourt.gov.au and should include a short summary of the key issues sought to be brought to the Court's attention and relevant contact details. In addition, the Court will invite further feedback from the Defamation User Group, which will be established shortly.
Defamation is a Sub-area within the Court's Other Federal Jurisdiction National Practice Area.