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Damages    July 29, 2015   thumbnail
Raelene Hardie v The Herald & Weekly Times Pty Ltd & Andrew Rule

Woman who runs a Shepparton strip club awarded $90,000 damages over The Herald Sun’s claim it was a meeting place for bikies and corrupt police … News story and colour piece both fail the reasonableness test … Two “brothel” imputations were not conveyed ... more

Dossier    July 29, 2015  
International IP news

Regulation added to UK copyright law quashed … Interesting US copyright judgment on access to law … Twitter joke attracts copyright infringement suit … Rocco Rinaldo reports ... more

Contempt    July 28, 2015   thumbnail
Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd

Recent High Court decision involving contempt and discovery has important implications for corporate media publishers and sources … Vince Stefano reports ... more

Interlocutory    July 27, 2015  
Antonio & Benjamin Zeccola v Fairfax Media Publications Pty Ltd

Striking interlocutory action from NSW Supreme Court Defamation List Judge Lucy McCallum … Former film finance boss off the hook … So too the ABC and a NSW barrister … Former Olympic swimmer’s action against Fairfax survives ... more

Dossier    July 24, 2015   thumbnail
Another suit for Obeid

Investigative journalists in Sydney and Melbourne under fire … Former Macquarie Bank senior executive targets The Herald’s Kate McClymont in his suit over her Obeid book … Alleged head of Melbourne’s mafia takes aim at The Age’s top investigative duo, Nick McKenzie and Richard Baker ... more

Media Matters    July 23, 2015  
Are reports of defamation's death greatly exaggerated?

How accurately can the number of defamation actions be measured, given the dearth of accessible data? ... And what effect have the UK’s new defamation and data protection laws had? ... Information and media law researcher Judith Townend investigates ... more

Costs    July 22, 2015   thumbnail
The Honourable Joseph Benedict Hockey v Fairfax Media Publications Pty Ltd, The Age Company Pty Ltd & The Federal Capital Press of Australia Pty Ltd

Joe Hockey to pay 85 per cent of his costs in the defamation action he partially won against Fairfax Media over an investigation into his role in securing political donations … The treasurer’s bid to permanently injunct three publishers and the editor in chief of The Sydney Morning Herald fails ... more

Seminars, interviews & commentary    July 21, 2015  
The Sun, the royal family, public interest and freedom of information

The Sun’s use of pictures from the archives of Britain’s royal family showing the Queen and Queen Mother doing Nazi salutes raises timely questions about privacy, freedom of information and the public interest, as this Inforrm article explains ... more

Dossier    July 20, 2015   thumbnail
Rich pickings

Australia’s richest woman on the warpath over House of Hancock TV mini-series … Details of her actions – injurious falsehood, misleading and/or deceptive conduct and privacy – against the Nine Network and production company Cordell Jigsaw Zapruder ... more

Appeals    July 17, 2015  
Stephen Dank v Phil Rothfield

NSW Court of Appeal declines leave to appeal the (second) striking out of beleaguered “sports scientist” Stephen Dank’s claim against Sunday Telegraph journalist Phil Rothfield … “It raises no issue of appeal and no significant injustice is caused…” ... more

Interlocutory    July 16, 2015   thumbnail
Edward Kang v Australian Broadcasting Corporation & Anor

NSW Supreme Court Justice Lucy McCallum strikes again, this time dismissing a defamation action brought against the ABC by migration agent Edward Kang and his company Singapore Oil … more

Costs    July 15, 2015  
The Honourable Joseph Benedict Hockey v Fairfax Media Publications Pty Ltd, The Age Company Pty Ltd & the Federal Capital Press of Australia Pty Ltd

Justice Richard White to decide between two wildly disparate views of costs culpability … Hockey’s lawyers ask for 95 per cent of his costs on an indemnity basis … Lawyers for Fairfax Media say Hockey should pay 60 per cent of the publisher’s costs, given that only three out of 15 matters complained of defamed the Commonwealth treasurer … Plaintiff’s offers of compromise rejected … Read all the submissions in full ... more

Seminars, interviews & commentary    July 14, 2015   thumbnail
The media law year in review - defamation

Despite the introduction of new uniform defamation laws in 2005, the system is still complicated, unwieldy and in need of reform … Melbourne media lawyer Peter Bartlett reviews the state of play over the past twelve months ... more

Damages    July 13, 2015  
Jacqueline Zwambila v Panganai Reason Wafawarova

Former Zimbabwean ambassador to Australia awarded damages of $180,000 over a story which claimed she stripped in front of three male embassy officials … Freelance journalist ordered to pay indemnity costs as well ... more

Media Matters    July 13, 2015   thumbnail
Suppression orders - a journalist's perspective

The Securency case illustrates both the absurdity and the undesirability of suppression orders, according to Fairfax journalist Michael Bachelard ... Here’s what he told the Melbourne Press Club last week ... more

Seminars, interviews & commentary    July 9, 2015  
The media law year in review - journalism

The practice of journalism continues to be under siege in Australia … In this article, Melbourne media lawyer Peter Bartlett reviews the intersection of law and journalism during the past year ... more

Seminars, interviews & commentary    July 9, 2015   thumbnail
Hockey, tweets and defamation law

When Federal Treasurer Joe Hockey was found to have been defamed by a poster and two tweets, many called for law reform … What do they mean and what are the lessons for users of social media, mainstream media included? ... Sydney University law lecturer Dr David Rolph casts his eye over the legal landscape ... more

Seminars, interviews & commentary    July 9, 2015  
Justice served or justice hidden?

Former Victorian Supreme Court Justice and current Chair of the Victorian Law Reform Commission, Philip Cummins QC delivered this paper at today’s forum on suppression orders, held at the Melbourne Press Club ... more

Seminars, interviews & commentary    July 8, 2015   thumbnail
Appeal against worldwide Google blocking injunction refused

Google loses appeal over worldwide blocking order to remove websites from search engine results … Inforrm’s Hugh Tomlinson QC reviews the implications of this significant Canadian decision ... more

Dossier    July 7, 2015  
International IP news

Patent loss appeal delayed for 20 months by lack of final judgment … “Dancing son” YouTube video take-down case, eight years on … Amazon trademark dispute over search results goes to trial … Rocco Rinaldo reports ... more

Seminars, interviews & commentary    July 1, 2015   thumbnail
Weighing up Hockey

There are bigger issues at stake than the damages awarded to Joe Hockey, says Melbourne lawyer and writer Geoffrey Gibson ... He reviews the “chilling effect” on political speech and the trouble with not having a jury ... more

Seminars, interviews & commentary    June 30, 2015  
Hockey v Fairfax: A Pyrrhic victory?

Has Joe Hockey won the battle and lost the war? Sydney media lawyer Graham Hryce looks at the interesting issue of differential costs and why the treasurer might end up out of pocket to the tune of a million dollars ... more

Damages    June 30, 2015   thumbnail
The Honourable Joseph Benedict Hockey v Fairfax Media Publications Pty Ltd, The Age Company Pty Ltd & The Federal Capital Press of Australia Pty Ltd

Federal treasurer Joe Hockey wins damages of $200,000 from Fairfax for a malicious Sydney Morning Herald poster and two Age tweets alleging he is corrupt … Federal Court Justice Richard White dismisses the rest of his claim over a suite of articles investigating political donations ... more

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