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Dossier    May 26, 2015  
International IP news

Monster suit over Godzilla the movie … Apple v Samsung cold war continues … Google diversification results in automated copyright infringement notices … Rocco Rinaldo reports … more

Trial reports    May 26, 2015   thumbnail
Tony Zoef v Nationwide News Pty Ltd

Identification the threshold issue in Daily Telegraph story which allegedly called an eighty one year old suburban tailor a gunrunner and arms smuggler … NSW District Court Judge Leonard Levy indicates a six figure damages sum might be in the ballpark ... more

Appeals    May 22, 2015  
David Barrow v Andrew Bolt & The Herald & Weekly Times Pty Ltd

A man who lost his defamation action against conservative commentator Andrew Bolt has been refused leave to appeal … The Victorian Court of Appeal is unanimous in finding there was no malice on Bolt’s part and the defamation was trivial ... more

Privacy    May 19, 2015   thumbnail
Meta-exercised about metadata

Metadata collection was highlighted in a recent determination by the Australian Privacy Commissioner which found Telstra had breached the Privacy Act ... But how relevant is it, given the government’s recent amendments to the Data Retention Act? Peter Leonard and Althea Carbon look at the big picture and the fine detail ... more

Imputations    May 18, 2015  
Nick Di Girolamo v Fairfax Media Publications Pty Ltd (No 2)

What constitutes corrupt conduct is the subject of a second round of argument over imputations pleaded by former Australian Water Holdings boss Nick Di Girolamo for a series of Sydney Morning Herald articles covering the ICAC inquiry into Eddie Obeid ... more

Dossier    May 18, 2015   thumbnail
Mining defamation for all it's worth

Fresh actions brought by a former NSW treasurer, a former NSW deputy premier, a former NAB financial planner, an alleged fraudster, a property developer who was called bankrupt, a tailor who was called a gun-runner, a Muslim protester and a Greens councillor ... more

Imputations    May 18, 2015  
Lisa Pryor v Mark Latham & Fairfax Media Publications Pty Ltd

NSW Supreme Court Justice Lucy McCallum side-steps “feminist post-structuralist discourse analysis” and strikes out two imputations pleaded by Fairfax columnist Lisa Pryor over a comment piece by Mark Latham in The Australian Financial Review ... more

Dossier    May 15, 2015   thumbnail
Criminal minds

Settlements erupt around the nation, several involving Fairfax Media and claims of criminal activity … Your ABC settles action brought over a Four Corners investigation … High Court refuses special leave over Channel Nine news story … Proceedings against Channel Seven struck out ... more

Seminars, interviews & commentary    May 13, 2015  
Privacy law under the Tories

Will the tort of misuse of private information disappear if the Human Rights Act is repealed, as foreshadowed by Britain’s Conservative Party? Leading human rights and privacy barrister Hugh Tomlinson QC investigates in this Inforrm article ... more

Dossier    May 12, 2015   thumbnail
International IP news

Music streaming service ceases in the face of massive damages bill … Google’s new marketplace for patents … Quaint Sussex town receives un-quaint letter of demand … Rocco Rinaldo reports ... more

Trial reports    May 8, 2015  
Rachelle Louise v Nationwide News Pty Ltd

Rachelle Louise’s action against Nationwide News settles on the fifth day of the trial and near the end of an increasingly dangerous cross examination … The Daily Telegraph concedes the “stripper” allegation was incorrect ... more

Trial reports    May 7, 2015   thumbnail
Rachelle Louise v Nationwide News Pty Ltd

Rachelle Louise’s dealings with the media and her relationship with the facts are the focus of intense cross-examination by Dr Matt Collins QC … The trial halts briefly while settlement discussions take place, hot on the heels of her formal settlement with The Daily Mail ... more

Trial reports    May 6, 2015  
Rachelle Louise v Nationwide News Pty Ltd

The second day of Rachelle Louise’s defamation action against The Daily Telegraph is marked by a few tears, quite a lot of attitude and more of her belief in Simon Gittany’s innocence … The plaintiff is undermined by her own publicity on Instagram and LA Talk Radio ... more

Trial reports    May 5, 2015   thumbnail
Rachelle Louise v Nationwide News Pty Ltd

Gutter journalism at its worst, says barrister for the girlfriend of convicted murderer Simon Gittany… She’s not a prostitute, she’s “a modern-day Joan of Arc” ... “Joan” has her day in court ... more

Seminars, interviews & commentary    May 4, 2015  
Battle of the bulge: Bernstein v Poon

Defamation Canadian style isn’t all that different from the Australian experience … Costly, ego-driven and the subject of some withering comments by the judge … Melbourne barrister Vince Stefano looks at a case involving two diet doctors ... more

Media Matters    April 30, 2015   thumbnail
Media to challenge continuing terror trial secrecy

Restrictions on reporting the UK trial of a law student on terrorism charges are being challenged in the Court of Appeal by a group of media organisations … Media Lawyer’s Mike Dodd reports ... more

Appeals    April 27, 2015  
David Jeffrey & Thomas Curnow v Virginia Giles; Virginia Giles v David Jeffrey & Thomas Curnow

Appeal over modest damages for campaign of online defamation results in substantial increase … The original damages “border on derisory” says Victoria’s Court of Appeal … The respondent’s cross-appeal on costs fails ... more

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