Recent Cases

BDR21 v Australian Broadcasting Corporation [2023] FCAFC 101 (29 June 2023) (Rangiah, Bromwich and Cheeseman JJ)


PRACTICE AND PROCEDURE – Appeal from interlocutory orders to strike out parts of the appellant’s amended statement of claim – where summary judgment was given in favour of the respondent in respect of the causes of action arising from those paragraphs – whether the primary judge erred in striking out the impugned paragraphs – whether the primary judge erred in giving summary judgment in respect of causes of action to which the impugned paragraphs relate – whether it is unlawful to present evidence related to disclosures of public interest in respect of proceedings in Parliament, as outlined in section 16(3) of the Parliamentary Privileges Act 1987 (Cth) (PP Act) – whether a conflict exists between s 16(3) of the PP Act and s 24 of the Public Interest Disclosure Act 2013 (Cth) (PID Act) – whether s 24 of the PID Act excludes the operation of s 16(3) of the PP Act – Held: appeal dismissed with no order as to costs; summary judgment order to be reformulated