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Seminars, interviews & commentary    July 23, 2017   thumbnail
Questions of contempt

The Victorian Court of Appeal’s decision not to refer three federal ministers for prosecution of contempt raises unanswered questions about freedom of speech and the constitution … Sydney University Professor of Law and author Dr David Rolph asks whether the implied freedom of political communication applies to criticism of the judiciary ... more

Suppression    July 19, 2017  
Tariq Khuja v Times Newspapers Lt and Ors (formerly known as PNM v Times Newspapers Limited and Ors

Long-running battle for anonymity brought by a man who was investigated over child sex abuse claims ends in a victory for the media and the public interest … Media Lawyer’s Mike Dodd reports on a recent and significant decision of the UK Supreme Court … more

Costs    July 17, 2017   thumbnail
Seven Network (Operations) Limited & Anor v Amber Harrison

NSW Supreme Justice John Sackar comes down hard on Amber Harrison over proceedings “engulfed in a vitriolic atmosphere”... The former lover of Seven boss Tim Worner is found to have breached her deed of release in multiple ways and is ordered to pay Seven’s costs on an indemnity basis ... more

Damages    July 15, 2017  
Gabriella Piscioneri v Toni Whitaker

Judgment entered for a solicitor plaintiff results in modest damages of $7500 over two comments posted on an opinion website which were read by (possibly) two people … Damages are mitigated by a previous award for the same website ... more

Interlocutory    July 14, 2017   thumbnail
Christopher Murphy v Nationwide News & Annette Sharp (No 2)

Fallout from the bitter dispute between “celebrity accountant” Anthony Bell and his estranged wife continues in the Federal Court … Bell’s lawyer succeeds in maintaining all his pleaded imputations for a Sunday Telegraph opinion piece and in striking out the defence of contextual truth ... more

Trial reports    July 12, 2017  
Rabbi Yosef Feldman v Polaris Media Pty Ltd (t/as The Australian Jewish News)

The point at which defamation law, criminal law and Jewish law meet features in the trial of an orthodox rabbi’s proceedings against The Australian Jewish News ... The first of Rabbi Yosef Feldman’s many defamation actions kicks off in the NSW Supreme Court ... more

Injunctions    July 11, 2017   thumbnail
Seven Network (Operations) Limited & Anor v Amber Harrison

Amber Harrison’s bid for a “clean break” in her battle with the Seven Network delayed again … Seven’s counsel successfully objects to “90 per cent” of what she wants to say in her statement to the court ... more

Injunctions    July 10, 2017  
Seven Network (Operations) Limited & Anor v Amber Harrison

Amber Harrison saga continues in the NSW Supreme Court as Channel Seven presses her for its costs in seeking and being granted a comprehensive gag order … Harrison makes no appearance, but is given leave to make a submission tomorrow … Sara Tomevska reports ... more

Appeals    July 7, 2017   thumbnail
Scott Hunter v Dr Benjamin Hanson

A man who sent defamatory letters about a doctor to the Health Care Complaints Commission and the NSW Medical Board is refused leave to appeal $68,000 in damages … Absolute privilege doesn’t apply and the quantum is appropriate ... more

Costs    July 6, 2017  
Uber BV & Anor v Russell Howarth (No 2)

A self-styled anti-Uber “vigilante” who was permanently restrained from making defamatory tweets and engaging in the tort of intimidation ordered to pay gross sum of $390,000 … The defendant, an undischarged bankrupt, makes no appearance ... more

Seminars, interviews & commentary    July 5, 2017   thumbnail
Supreme Court of Canada upholds worldwide Google blocking injunction

Controversial judgment by the Supreme Court of Canada upholds worldwide injunction forcing Google to remove websites from search results … London-based media and information law specialist Hugh Tomlinson QC reviews the decision and its implications ... more

Damages    June 30, 2017  
Damian Sheales v The Age & Ors

Criminal and sports barrister gets $175,000 damages over defamatory article in The Age and online … The articles were “completely unfair” and aggravated damages apply because of the journalist’s “unwarranted personal attack” ... more

Media Matters    June 29, 2017   thumbnail
Seven Network Limited v South Eastern Sydney Local Health District

Victory for Channel Seven over CCTV footage of assaults at Sydney hospitals … NSW Civil and Administrative Tribunal review finds public interest in disclosure outweighs privacy and confidentiality, as long as faces are pixelated … Sebastian Tonkin reports ... more

Injunctions    June 28, 2017  
Privacy injunction claim against Channel 4 dismissed

Issues of consent, privacy and the public interest feature in a UK decision not to injunct a Channel 4 program about bailiffs evicting people from their homes … This report from Media Lawyer’s Mike Dodd ... more

Media Matters    June 28, 2017   thumbnail
How the Press Council works

The Australian Press Council is the “low-key, light-touch” alternative dispute resolution body that safeguards high journalistic standards … Sara Tomevska looks at who complains and how complaints are adjudicated ... more

Interlocutory    June 27, 2017  
Amy Arman v Nationwide News Limited

“Dole bludger” teenager fails to have defence of consent struck out … Another of Dr Ratna Ghosh’s defamation proceedings dismissed … Man being sued by Capilano Honey referred to pro bono legal assistance … Alleged cult leader’s trial limited to three weeks ... more

Media Matters    June 26, 2017   thumbnail
The case of the disappearing court reporter

The number of reporters covering Australian courts is steadily declining as most major news organisations cut staff across the board … Hannah Wootton examines the trend and its consequences for journalism and the public, in this special report ... more

Privilege    June 26, 2017  
Accommodation West Pty Ltd, Paul King & Peter Rakich v Susan Aikman

Strata management dispute results in victory for a business rival who circulated a forensic accountant’s report to dissatisfied owners … Both forms of qualified privilege are upheld for two imputations out of around 180 pleaded by three plaintiffs … Carmel Galati reports ... more

Dossier    June 23, 2017   thumbnail
Mixed media affairs

New actions against Fairfax and Nationwide News from a TV presenter, a professional gambler, a bodyguard, a greyhound trainer and a sheik … Appeals by a racehorse trainer and a convicted drug felon … Rebel Wilson set to appear as the defendant in NSW Supreme Court … Mediation imminent for Jamaican cricketer … APC chair resigns due to “persistent personal attacks” ... more

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