Federal Court ... Ben Roberts-Smith seeks joinder of ex-wife's friend and her partner to proceedings ... Claim that Telstra account linked to pair accessed Roberts-Smith's email account 101 times ... Overlap between case against pair and ex-wife ... Decision reserved ... Courts Editor Stephen Murray reports ... more
Around the courts
Federal Court ... NRL star reaches settlement with Nationwide News over "rapist" claims ... Claim against prosecutor and DPP from man convicted of attempted murder set aside ... Court can hear claim for defamation and tortious liability for unlawful conduct ... Autobody manager given leave to effect service on Google but denied email service ... Courts Editor Stephen Murray reports ... more
Christian Porter v Australian Broadcasting Corporation & Anor
Former Attorney-General Christian Porter tells Parliament blind trust has partially funded his legal costs in ABC defamation action ... Not aware of conduct or funding of trust ... Shadow Attorney-General Mark Dreyfus claims lack of knowledge of donors an "outrageous abuse" ... Courts Editor Stephen Murray reports ... more
Religious observances
Fred Nile settles defamation action with disgruntled members of Christian Democratic Party ... Action followed dispute over governance ... Apology to members ... Dispute in Zoroastrian community sees defamation action ... Particulars of publication to be repleaded ... Vulgar epithets struck out ... Complexity of rulings ... Courts Editor Stephen Murray reports ... more
Barilaro v Shanks-Markovina (No. 3)
Federal Court ... YouTube comedian Jordan Shanks loses bid for jury trial ... Justice Rares: "legislative morass" in Defamation Act amendments ... Dispute over whether new defences and provisions apply ... Uncertainty over Covid-19 ... Complexity of law for a jury ... Respondents' deep pockets ... Courts Editor Stephen Murray reports ... more
Around the courts
Federal Court ... $5 million defence in suit over Putin book ... Dispute over book sales ... Can the e-book be sued on? ... Justice Rares finds no room for Federal Court in strata dispute ... No Federal matter ... March 2022 trial in cosmetic surgeons trial ... No positive defences ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Emma Roberts; Ben Roberts-Smith v Fairfax Media Publication; The Age Company; Federal Capital Press
Federal Court ... Lawyers for Ben Roberts-Smith accuse ex-wife of lying in affidavit ... Question of access to emails in private account ... Records show access by account linked to friend of Emma Roberts ... Roberts: "purely speculative" ... Question of privilege over draft media releases ... Justice Besanko to consider evidence and submissions ... Courts Editor Stephen Murray reports ... more
Fairfax Media Publications, Nationwide News Pty Ltd and Australian New Channel v Dylan Voller
High Court on the extent of "publication" ... Meaning in the internet age ... Liability for third party comments about media stories linked on Facebook pages ... Intention to publish ... Nuanced approaches by Justices Edelman and Steward ... Wither innocent dissemination ... Anna Kretowicz reports ... more
Around the courts
Federal Court ... Federal MP Andrew Laming sues over Nine report of "lewd" photo ... Imputations that he is lecherous and a pervert ... Aggravated and special damages sought ... YouTube comedian Jordan Shanks appeals parliamentary privilege ruling ... Argues Justice Rares should have stayed or struck out imputations ... Courts Editor Stephen Murray reports ... more
Erin Molan v Dailymail.com Australia Pty Ltd
Federal Court ... Day 3 of Erin Molan v Daily Mail's Australian outlet ... Molan agrees mocking players' names would render commentator unfit ... Denies she did anything wrong in controversial segment ... Reputation witnesses include Phil Gould; Anne Molan, Molan's mother ... Evidence concludes ... Courts Editor Stephen Murray reports ... more
Erin Molan v DailyMail.com Australia Pty Ltd
Federal Court ... Second day of Molan v Dailymail.com Australia ... Erin Molan denies being told conduct on radio was inappropriate ... Emails from managers considered it was ... Molan denies casual racism and racial tropes ... Segments featuring Asian accents played to Court ... Negotiations over apology ... Courts Editor Stephen Murray reports ... more
Porter v Australian Broadcasting Corporation (No. 2)
Federal Court ... Intervening media parties held to implied undertaking not to use unredacted ABC defence other than for litigation ... Documents provided under sufficient compulsion ... Media can use documents if they otherwise become public ... Courts Editor Stephen Murray reports ... more
