Recent Cases

Tucker v McKee [2022] FCAFC 98 (03 June 2022) (Allsop CJ, Kenny and Jagot JJ)


Catchwords:


HIGH COURT AND FEDERAL COURT – federal jurisdiction – defamation – alleged defamatory imputations in email from first respondent to employees of second respondent – whether pleadings disclose matter within federal jurisdiction – whether respondents’ pleading of common law defence of qualified privilege based in part on legal duty or interest by reference to an enterprise agreement was sufficient to enliven jurisdiction under s 39B(1A)(c) of the Judiciary Act 1903 (Cth) – where enterprise agreement made under and enforceable by Fair Work Act 2009 (Cth) – whether appellant’s pleaded defamatory imputations relying upon enterprise agreement and Fair Work Act “colourable” or “unarguable”: Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 applied – whether such imputations sufficient to enliven federal jurisdiction – held: appeal allowed