application to review Registrar’s decision to refuse leave to applicant to issue subpoena to second respondent to give evidence
whether subpoena has a legitimate forensic purpose
whether evidence sought to be adduced relevant to a fact in issue
Quick Take
1Whether a publication constitutes a fair report or fair summary under ss 28–29 of the Defamation Act 2005 (Vic) is determined by comparing the publication to the source proceedings or document, not by examining the editorial process or provenance of the words used.
2To defeat a fair report or fair summary defence under s 28(3) or s 29(3), the plaintiff must clearly plead and particularise the publisher's improper purpose; an insufficiently identified purpose will not support the relevance of evidence directed to the publisher's editorial sourcing.
3A party seeking leave to issue a subpoena bears the onus of demonstrating a legitimate forensic purpose by showing the evidence sought is apparently relevant to a fact in issue, not merely conjectural.
