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Seminars, interviews & commentary    February 1, 2016   thumbnail
Testing the limits of FOI

Freedom of information battle over access to the Commonwealth attorney general’s appointment diary will test the limits of Australia’s FOI laws … Do all third parties need to be consulted before disclosure? Peter Timmins reviews the most recent judgment ... more

Appeals    January 27, 2016  
Channel Seven Sydney Pty Ltd v Brian Fisher

NSW Court of Appeal (by majority) reduces former school bus driver’s damages from $125,000 to $75,000 … Justice John Basten would have reduced the quantum even further, given the facts Seven proved ... more

Damages    January 19, 2016   thumbnail
Dr Janice Duffy v Google Inc (No 2)

Google Inc ordered to pay a South Australian researcher damages of $100,000 over defamatory search results and hyperlinks implying she was a “psychic stalker” ... Plaintiff fails on special and aggravated damages case ... more

Seminars, interviews & commentary    January 18, 2016  
The Investigatory Powers Bill: A serious weakening of protections for journalism

The British government’s draft Investigatory Powers Bill leaves much to be desired when it comes to the protection of journalists and their sources, according to The Guardian’s director of editorial legal services, Gill Phillips ... She analyses the Bill’s shortcomings in this Inforrm article ... more

Dossier    December 18, 2015   thumbnail
All a-twitter

Taxi Council executive sues anti-Uber activist over barrage of tweets … Take 5 magazine sued over “Unfair dinkum” cover and article … More mafia matters from Melbourne … The Wagners sue 2GB, Alan Jones, The Spectator, Nick Cater and the Nine Network … Nine sued over news report … Image search engines Bing and Yahoo targeted by previously successful plaintiff ... more

Seminars, interviews & commentary    December 17, 2015  
"A great addition to legal scholarship"

More praise (none of it faint) for Dr David Rolph’s scholarly new book Defamation Law ... QLD Supreme Court Justice Peter Applegarth explains why it deserves to be the go-to text for defamation law reform ... more

Dossier    December 17, 2015   thumbnail
The IP year in review

Test cases, new legislation, final judgments, important treaties and international conferences … Rocco Rinaldo reviews the Australian IP year that was ... more

Dossier    December 15, 2015  
Settlement rush

Settlements in a number of high profile actions … Special leave that needs to be special … Legal eagle news in defamation circles ... more

Sources    December 14, 2015   thumbnail
Protecting journalist sources

Slowly but surely Australian courts are applying the new shield laws protecting journalists from disclosing their sources … Media lawyer Peter Barlett reviews this trend in the wake of an important Victorian decision ... more

Sources    December 9, 2015  
Antonio Madafferi v The Age & Ors

Strong judgment in favour of the protection of sources … Melbourne man named as mafia boss by The Age loses bid to identify the sources for a series of stories … Journalist privilege prevails ... more

Seminars, interviews & commentary    December 7, 2015   thumbnail
Book Review: Defamation Law

Sydney University media law academic Dr David Rolph has just published his fourth book, Defamation Law ... It is “a vital contribution, not only to the identification and clarification of defamation law, but to the law reform debate generally”, says the NSW District Court’s Defamation List Judge Judith Gibson ... more

Damages    December 8, 2015  
Brendan French v Michael Fraser (No 3)

Self-styled consumer advocate “The Arbitrator” ordered to pay Commonwealth Bank customer relations supremo $300,000 damages over a scurrilous campaign of internet defamation, part of “a senseless vendetta founded in madness” ... more

Interlocutory    December 7, 2015   thumbnail
Justine Munsie & Ors v Shane Dowling (No 7)

The defamation action brought by Sydney media lawyer Justine Munsie, her client Seven West Media chair Kerry Stokes, and his son, will go to a final hearing after the plaintiffs succeed in having a persistent blogger’s defence struck out, again … His allegations are “scandalous” ... more

Seminars, interviews & commentary    November 25, 2015  
Question Time - Lucy McCallum

NSW Supreme Court Justice Lucy McCallum manages the country’s biggest defamation list and has delivered some controversial media law judgments involving journalist’s sources and the offer of amends and contextual truth defences … She agreed to expose her thinking on these issues, and much more, in this exclusive interview ... more

Seminars, interviews & commentary    December 4, 2015   thumbnail
"Dennis Denuto", triviality and proportionality

Queensland’s recent “Dennis Denuto” defamation case illustrates the relationship between triviality and proportionality and highlights the lack of uniformity in Australian defamation law, says media law academic and author Dr David Rolph ... more

Appeals    December 4, 2015  
Edward Kang v Australian Broadcasting Corporation

A migration agent whose case against the ABC was dismissed for want of compliance, loses his appeal …. NSW Court of Appeal judge John Basten gives Edward Kang’s submissions short shrift ... more

Suppression    December 3, 2015   thumbnail
R v Jamil Qaumi & Ors

NSW Supreme Court Justice Peter Hamill dismisses a bid by a member of the “Brothers 4 Life” criminal gang to prohibit all coverage of an imminent mega-trial … Neither do media companies have to take down archived material, for now ... more

Interlocutory    December 1, 2015  
Fredrick Toben v Nationwide News & Ors

NSW Supreme Court Justice Lucy McCallum permanently stays defamation proceedings brought by notorious Holocaust denier over an article in The Australian ... His action is “a cynical misuse of the process of the court” pursued in order to ventilate his anti-Semitic views ... more

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