Federal Court ... First case management hearing for Bruce Lehrmann's appeal against dismissal of his defamation action against Network Ten and Lisa Wilkinson ... Lehrmann to seek stay of enforcement of $2 million costs order ... Lehrmann legally represented after indicating he would act for himself ... Courts Editor Stephen Murray reports ... more
Reynolds v Higgins
Supreme Court of Western Australia ... Brittany Higgins required to disclose trustee of trust to Senator Linda Reynolds ... Reynolds contends trust was intended to protect Higgins from creditors ... Higgins submits disclosure unnecessary and futile given provisions of Bankruptcy Act ... Courts Editor Stephen Murray reports ... more
Wilks v Qu (Ruling No 4)
County Court of Victoria ... Powerlifting coach loses bid to strike out defence ... Suing former protégé over claims of sexual harassment ... Student allowed to plead contextual truth defence ... Permitted to plead particulars of sexual assault ... Courts Editor Stephen Murray reports ... more
Around the courts
Victorian Supreme Court ... Information security developer loses bid to appeal against summary dismissal of defamation and injurious falsehood claim against Nationwide News ... Subject of settlement agreement ... Appeal would be futile ... Developer also loses bid to set aside settlement with Twitter over old tweets ... Courts Editor Stephen Murray reports ... more
Preserving the digital archive
Sustainability of digital archives … Legal issues … Loss of valuable MTV News content … The Wayback Machine … Accessibility to the past … National Library of Australia … Data storage … Environmental and financial costs … Veronica Lenard reports … more
Lakaev v McConkey
Tasmanian Supreme Court ... Psychologist has appeal dismissed for want of prosecution ... Sought to appeal dismissal of action brought against former self-development community adherent ... Sought to challenge findings of justification for sixteen imputations ... Little prospects of success ... Prejudice to respondent ... Courts Editor Stephen Murray reports ... more
Amanda Ghost & Ors v Rebel Wilson & Ors
Superior Court of California … Australian comic actress Rebel Wilson sued by producers of her directorial debut … Follows claims by Wilson of embezzlement and sexual harassment … Plaintiffs allege falling out over writing credits and music licensing … Punitive damages sought … Courts Editor Stephen Murray reports … more
Lazos v West Australian Newspapers (No 2)
Western Australian Supreme Court ... Former public servant awarded $180,000 over fraud charges report in The West Australian ... Article claimed plaintiff was "top public official" ... Imputation that he behaved dishonestly ... Fair report and fair summary defences rejected ... Qualified privilege defences rejected ... Courts Editor Stephen Murray reports ... more
Courtney v Maguire (Costs ruling)
County Court of Victoria ... Retired businessman awarded standard costs after award of $125,000 in aggravated damages over brumby posts on Facebook ... Both sides sought indemnity costs ... No special circumstances on either side ... Indemnity costs for costs thrown away by vacation of trial date ... Courts Editor Stephen Murray reports ... more
Network Ten wants $200,000 security for Lehrmann’s appeal
Graham Hryce argues that the Federal Court should reject Ten's costs application for Lehmann's appeal ... Important principles of law to be determined ... Impecuniosity should not be a bar ... The meaning of "rape" ... more
Digital defamation deformation
Reform of defamation law relating to digital publications in disarray ... Stage 2 amendments dealing with online intermediaries ... Fragmentation ... Incentive for the Commonwealth to step in ... Anachronism prevails ... Report from Kevin Lynch and Hamish Lennon ... more
Metcalf v Wellington
Court of Appeal (Victoria) ... Ratepayer refused stay on hearing for taxation of costs ... Followed award of $100,000 in damages to local councillor ... No special circumstances warranting stay ... Councillor entitled to fruits of indemnity costs ... Undertaking to keep costs in trust account pending any appeal ... Courts Editor Stephen Murray reports ... more