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IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION ACD 70 of 2011
BETWEEN: | LYNTON CROSBY First Applicant |
MARK TEXTOR Second Applicant | |
AND: | MICHAEL KELLY Respondent
|
JUDGES: | BENNETT, PERRAM AND ROBERTSON JJ |
DATE OF ORDER: | 2 JULY 2012 |
PLACE: | SYDNEY |
REASONS FOR JUDGMENT
ROBERTSON J
Introduction
4 This proceeding for defamation in respect of words alleged to have been published in the Australian Capital Territory, amongst other places in Australia, was commenced in the Australian Capital Territory District Registry of this Court by an originating application filed on 24 November 2011. The present issue, raised by the respondent by an interlocutory application, is whether the Federal Court has jurisdiction to hear and determine the substantive proceeding.
The pleadings
5 The applicants have been Directors of Crosby Textor Research Strategies Results Pty Ltd since it commenced trading in 2002. Lynton Crosby AO is a former Federal Director of the Liberal Party of Australia. At all material times the respondent was a Member of the House