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of Representatives for the seat of Eden-Monaro, and was Parliamentary Secretary for Agriculture, Fisheries and Forestry.
6 By their Statement of Claim the applicants alleged that on or about 1 October 2011 the respondent published certain words of and concerning the applicants and that the matter complained of was defamatory of each of the applicants. It is alleged that the words were published, using the Twitter software, to all those persons who were the followers of the respondent in each State and Territory of the Commonwealth of Australia, including the Australian Capital Territory. The applicants claim damages, including aggravated damages, costs and interest up to judgment on the grounds stated in the statement of claim.
7 No other cause of action is pleaded.
The jurisdictional issue
8 By an interlocutory application filed on 23 December 2011 the respondent objected to the competency of the originating application in the proceedings and sought the following orders:
1. The Originating Application and Statement of Claim in these proceedings be set aside.
2. Alternatively to Order I above, the Originating Application and Statement of Claim in these proceedings be dismissed.
3. Costs.
4. Such further or other orders as to this honourable Court may seem fit.
Grounds
1. The Federal Court of Australia does not have jurisdiction to hear or determine the Applicants' claim.
9 It is that interlocutory application which is before the Full Court for determination having been reserved under s 25(6) of the Federal Court of Australia Act 1976 (Cth).
10 No defence to the statement of claim had been filed when the matter first came on for argument before a Full Court on 19 April 2012. At the commencement of that hearing the Court asked counsel for the respondent whether the defence to be filed would include reliance on an implied freedom of political communication as stated in Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 at 560 and explained in the cases which have followed Lange, and whether the defence would rely on the respondent's position as a member of the House of Representatives and the privileges and immunities of a member of
