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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

Interlocutory    June 29, 2015  
Stephen York v Peter Morgan

Paedophilia allegations aplenty … NSW District Court Defamation List Judge Judith Gibson dismisses a tardy action brought by a self-represented litigant … And strikes out the poorly pleaded truth defence for a defamatory Facebook post ... more

Seminars, interviews & commentary    June 29, 2015   thumbnail
High Court's failure of nerve

The so-called Hore-Lacy defence recently failed to get a hearing in the High Court … A disappointing decision that leaves defamation law in a mess, says Sydney media lawyer Graham Hryce ... more

Interlocutory    June 28, 2015  
Fairfax Media Publications Pty Ltd v Wallace King

The NSW Court of Appeal reaffirms its previous position on the contextual truth defence and refuses Fairfax leave to appeal two “nebulous” contextual imputations struck out by Justice Lucy McCallum … Rico Jedrzejczyk reports ... more

Suppression    June 26, 2015  
DPP (Cth) v Brady & Ors

Almost a year after WikiLeaks breached a suppression order related to the Securency bribery trial, it has been revoked … Victorian Supreme Court Justice Elizabeth Hollingworth finds WikiLeaks committed a “clear and deliberate breach” by publishing the names of foreign officials allegedly involved … Larina Mullins reports ... more

Seminars, interviews & commentary    June 24, 2015   thumbnail
Question Time - Tim Soutphommasane

Free speech has been top of the political agenda since Attorney General George Brandis proclaimed everyone’s right to be a bigot … What’s the current state of debate and what exactly are our laws protecting? Australia’s Race Discrimination Commissioner Dr Tim Soutphommasane agreed to answer these questions and more ... more

Injunctions    June 23, 2015  
Justine Munsie & Ors v Shane Dowling

A rabid blogger who has been temporarily injuncted and fined for contempt is injuncted again over more defamatory postings alleging media boss Kerry Stokes, his son Ryan and his lawyer Justine Munsie bribed judges ... more

Seminars, interviews & commentary    June 22, 2015   thumbnail
Open justice, anonymity and the protection of reputation

Anonymity order related to unfair dismissal overturned on appeal as UK judge finds for the BBC … Hugh Tomlinson QC reviews the principles of open justice which trump reputational damage in this Inforrm article ... more

Damages    June 19, 2015  
Dr Bruce Flegg v Graeme Hallett

Massive damages for former Queensland housing minister who was maliciously defamed by a media adviser he fired … Special damages exceed $500,000 … Both qualified privilege defences – Lange common law and section 30 – fail ... more

Trial reports    June 18, 2015   thumbnail
Roseanne Catt v Fairfax Media Publications Pty Ltd

Another mistake by Fairfax results in another offer of amends trial … How damaging is a quashed murder conviction compared to a quashed conspiracy to murder conviction? ... NSW District Court Judge Ray McLoughlin to decide ... more

Seminars, interviews & commentary    June 17, 2015  
Australia's new online copyright infringement regime

As the government prepares to ratify a new injunctive regime aimed at stopping online copyright infringement, Rocco Rinaldo looks at its likely effect on various stakeholders ... more

Interlocutory    June 16, 2015   thumbnail
David Barrow v The Herald & Weekly Times Pty Ltd

The Melbourne man who sued Andrew Bolt and lost, loses again – this time over an online article about his trial … Victorian Supreme Court Justice Cameron Macaulay grants the Herald & Weekly Times summary judgment, but not on the grounds of fair report ... more

Interlocutory    June 15, 2015  
Tobias Moran v Schwartz Publishing Pty Ltd & Virginia Peters (No 3)

Correctly pleading the defence of fair report and the effect on damages of prior publications feature in an interlocutory judgment by WA Supreme Court Justice Ken Martin … One-time murder suspect wins a round against true crime book publisher ... more

Appeals    June 8, 2015   thumbnail
Fairfax Media Publications Pty Ltd v Dr Edmund Bateman

Another nail in the coffin for the Hore-Lacy defence … NSW Court of Appeal finds (by majority) that it is not available in the jurisdiction… Justice Ruth McColl disagrees and calls for the rules to be revised … Rebecca Gall reports ... more

Seminars, interviews & commentary    June 5, 2015  
Data law "has too few safeguards to protect privacy"

UK High Court challenge to laws giving police and security agencies access to people’s phones and internet records … MPs from opposing sides join forces to ensure privacy protections … The Press Association’s Hayden Smith reports ... more

Interlocutory    June 4, 2015   thumbnail
Barry Harvey v Tanya Henzell & Ors

Family Court dispute ends in defamation action against former partner and her parents … QLD District Court Judge Nick Samios wastes no time striking it out as an abuse of process … Absolute privilege prevails ... more

Damages    June 3, 2015  
Daryl Bertwistle v Nancy Conquest

A woman who sent text messages accusing a man of paedophilia with his sisters is ordered to pay damages of $100,000 … QLD District Court Judge Nick Samios also grants a permanent injunction ... more

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