PRACTICE AND PROCEDURE - consideration of an application seeking an order pursuant to s 40 of the Federal Court of Australia Act 1976 (Cth) that, to the extent permitted by law, the proceeding be heard by a jury - where the applicant has brought a proceeding for defamation against the respondents - where allegedly defamatory material was published in multiple places including New South Wales and the Australian Capital Territory - where the normal mode of trial of a civil proceeding in the Federal Court of Australia is by a judge without a jury - where the ends of justice will not be advanced or promoted if a jury hears and determines the factual issues in this case, rather than a judge - where judges of the Federal Court of Australia regularly apply a normative standard to the interpretation of statements and the assessment of reasonableness - where ss 21 and 22 of the Defamation Act 2005 (NSW) are not relevant to the exercise of the discretion in s 40 of the Federal Court of Australia Act 1976 (Cth)
CONSTITUTIONAL LAW - consideration of alleged inconsistency between ss 21 and 22 of the Defamation Act and ss 39 and 40 of the Federal Court of Australia Act for the purposes of s 109 of the Constitution (Cth) - where there is direct inconsistency between ss 39 and 40 of the Federal Court of Australia Act and ss 21 and 22 of the Defamation Act - alternatively ss 21 and 22 of the Defamation Act are not picked up by s 79 of the Judiciary Act 1903 (Cth) because a law of the Commonwealth otherwise provides
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