Print this Issue
| Damages July 23, 2008 | |
| Lewincamp v ACP Magazines Limited | |
|
Frank Lewincamp, the former director of Defence Intelligence Organisation, has been awarded $375,000 over two Bulletin magazine articles. ACT Supreme Court Justice Anthony Besanko finds the magazine was motivated by malice – “a desire to publish a sensational story … to increase circulation” ... more |
| Seminars, interviews & commentary July 22, 2008 |
|
| The right to be unreasonable | |
|
Michael Cameron examines a recent and unanimous Supreme Court of Canada judgment that extended the defence of fair comment. The court affirmed radio jock Rafe Mair’s “right to be unreasonable” without the need to prove his “honest belief” ... more |
| Seminars, interviews & commentary July 21, 2008 | |
| In defence of qualified privilege | |
|
Stephen Collins, former head of ABC legal, now at Channel 4 in London, looks at a recent UK summary judgment upholding common law qualified privilege and asks why this defence fails so frequently and abysmally in Australia ... more |
| Contempt July 18, 2008 |
|
| R v Herald & Weekly Times Pty Ltd and Peter Blunden | |
|
Graphic illustration of contempt. The Herald Sun fined $10,000 for publishing details of a so-called Melbourne “gangland” murder during an accused man’s trial. Justice Emilios Kyrou finds the pressure of deadlines no excuse ... more |
| Dossier July 14, 2008 | |
| Who's the bully? | |
|
NSW Greens MP Ian Cohen mired in legal battles with defamation suits, assault charges and an appeal granted to Byron Bay developer Jerry Lee Bennette … Tim Johnston finally runs out of defamation Firepower … Alan Bond gets to inspect The West Australian’s computer … Today Tonight defamed former lawyers for convicted paedophile magistrate Peter Liddy … damages appeals from $12,000 to $360,000 ... more |
| Damages July 11, 2008 |
|
| Judy Davis v Nationwide News Pty Ltd | |
|
The NSW Supreme Court’s Chief Justice at Common Law Peter McClellan takes a conservative approach to damages under the new Defamation Act (2005) and awards actress Judy Davis $140,000 for one “defamation proceeding” involving two similar articles published by Nationwide News ... more |
| Truth July 4, 2008 | |
| Orsborn v John Fairfax Publications Pty Ltd | |
|
Truth wins case for Fairfax as Justice John Hislop finds former mortgage broker Geoffrey King (Orsborn) deceived a borrower by failing to disclose that his wife, Paris King Orsborn, was the lender ... more |
| Section 7A July 2, 2008 |
|
| Noel Dennis v Australian Broadcasting Corporation | |
|
Failed nuclear technology company Nu-Tec’s defamation ambitions suffer another setback as a feisty NSW Supreme Court jury throws out the bulk of the case brought against the ABC’s 7.30 Report by Noel Dennis, one of Nu-Tec’s principle shareholders and the company’s former “legal advisor” ... more |
| Contempt July 2, 2008 | |
| R v Purdie & The Advocate Newspaper Pty Ltd | |
|
Tasmania’s The Advocate fined $5000 over “unintentional” contempt committed by experienced court reporter. Supreme Court Justice Pierre Slicer finds the paper’s “lapses of judgment or taste” irrelevant to the penalty ... more |
| Comment July 2, 2008 |
|
| Dyson Hore-Lacy v Phil Cleary and Allen & Unwin | |
|
Supreme Court of Victoria refuses an application by author Phil Cleary and his publisher Allen & Unwin to replead the defence of fair comment over a book that prominent Melbourne silk Dyson Hore-Lacy says defamed him ... more |
| Privilege July 2, 2008 | |
| Page v McGovern | |
|
Full Court of Tasmania overturns a decision that ordered a woman to pay damages to her ex-husband over what she said in a police affidavit. The court affirms that witnesses in court proceedings cannot be sued for defamation ... more |
| Contempt June 30, 2008 | |
| R v Sammut & WIN Television Vic Pty Ltd | |
|
Regional broadcaster WIN Television fined $50,000 for contempt over news report of a criminal trial. Justice Hartley Hansen finds Gippsland bureau chief Anita Sammut was “careless”, but not “reckless” ... more |
| Seminars, interviews & commentary June 25, 2008 |
|
| Trial by jury under the new Defamation Act (2005) | |
|
NSW defamation barristers Terry Tobin QC and Stuart Littlemore QC grapple with the cap on damages, judicial discretion, general verdicts, who owns contextual truth and the proper attribution of malice under the new uniform Defamation Act (2005) ... more |
| Privilege June 23, 2008 | |
| Bond v Barry & Channel Seven Brisbane v ACCC | |
|
The full bench of the Federal Court upholds the so-called media safe harbour defence in s.65A of the Trade Practices Act 1974 (Cth) in two landmark appeal judgments. Alan Bond loses against Paul Barry and Channel Seven wins against the ACCC ... more |
| Dossier June 20, 2008 |
|
| A little bit of Firepower left | |
|
Elusive Firepower boss Tim Johnston pursues his defamation action against Fairfax … WA Court of Appeal finds discovery of emails between a journalist and his source went too far … Former ALP branch president and friend of Milton Orkopoulos sues Fairfax over child sex articles … WA Supreme Court says magistrate was wrong to refuse media access to police videotapes … Former vice-chancellor of Macquarie University wins a round against The Sydney Morning Herald ... more |