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Damages    October 30, 2014   thumbnail
Melinda Pedavoli v Fairfax Media Publications Pty Ltd and Anne Davies

Fairfax Media responds to attacks on the reasonableness of its offer of amends … Justice Lucy McCallum ponders the ordinary reasonable reader’s take on “predatory” sexual behaviour and considers the law in relation to Twitter ... more

Seminars, interviews & commentary    October 29, 2014  
Defamation law in Australia not as uniform as expected

NSW Supreme Court Justice Lucy McCallum’s decision that the Hore-Lacy defence “has no work to do in NSW” will no doubt be appealed … Sydney University media law academic Dr David Rolph writes that it should be, in the interests of substantive defamation law reform ... more

Imputations    October 28, 2014   thumbnail
Rachelle Louise v Australia Pty Ltd

Imputations alleging the girlfriend of convicted murderer Simon Gittany is “ridiculous” and “stupid” get short shrift in the NSW District Court … Judge Judith Gibson also finds problems with four imputations pleaded by a man once suspected of murder … Nina Ubaldi reports … more

Seminars, interviews & commentary    October 28, 2014  
Hore-Lacy defence dismissed in NSW

Hore-Lacy is no more in NSW, thanks to another bold decision by the Supreme Court’s Defamation List Judge Lucy McCallum … Sydney lawyer Graham Hryce explains why media defendants should welcome the judgment ... more

Damages    October 27, 2014   thumbnail
Melinda Pedavoli v Fairfax Media Publications Pty Ltd and Anne Davies

Case of mistaken identity involving allegations of paedophilia against a young female teacher at a Catholic boys’ school ends up as a trial of Fairfax Media’s offer of amends … Journalist is accused of knowing the information was false … An unusual case in several respects ... more

Publication    October 24, 2014  
Douglas Sims v James Jooste

Self-represented plaintiff fails to adduce evidence of publication in relation to a stock market discussion website … WA Supreme Court Justice Ken Martin dismisses case at the threshold, but finds the truth defence established … Carmel Galati reports ... more

Privacy    October 23, 2014   thumbnail
Professor Barry Spurr v At large Media Pty Ltd and Chris Graham

Federal Court Justice Michael Wigney questions whether or not Professor Barry Spurr has a cause of action at all in relation to the publication of his “private” emails by the New Matilda website … Interim injunction stays ... more

Damages    October 23, 2014  
Richard Graham v Allan Powell

NSW Supreme Court grants permanent injunction and awards $80,000 damages over “persistent” and “vicious” internet defamation … Default judgment after the defendant fails to make an appearance ... more

Dossier    October 22, 2014   thumbnail
International IP news

Key features of the leaked second draft of Trans Pacific Partnership Agreement IP chapter … Graphics processing unit maker sues Samsung and Qualcomm … UK High Court paves the way for extended website blocking … Rocco Rinaldo reports ... more

Seminars, interviews & commentary    October 21, 2014  
UK government announces new "revenge porn" legislation

The UK parliament is set to ratify new laws related to “revenge porn” ... In this Inforrm article Alexia Bedat reviews the offence in light of similar legislation elsewhere ... more

Dossier    October 1, 2014   thumbnail
Settle down

Big names settle for (reputedly) small sums … Sports “nutritionist” sues over banned drugs allegations … ABC producer sues over allegations he is a racist … “Person of interest” says he was portrayed as a suspected mass murderer … ACMA finds A Current Affair breached privacy ... more

Dossier    October 1, 2014  
International IP news

British musician’s new album available for sale on BitTorrrent … US Supreme Court patent judgments impacting on patent trolls … Cartier seeks extension of injunctive relief … Rocco Rinaldo reports ... more

Media Matters    September 30, 2014   thumbnail
Brooks Newmark, public interest and the Editors' Code will IPSO act?

The Conservative MP, the fake Tory PR girl, the X-rated photos and the Sunday Mirror reporter who entrapped him … A test for the press industry’s new regulatory body? ... This article from Inforrm ... more

Trial reports    September 29, 2014  
Brian Fisher v Channel Seven Sydney Pty Ltd & Ors

A former school bus driver who sued Channel Seven over a Today Tonight story gets a better than average result … NSW Supreme Court jury finds truth for only two of six imputations and rejects the comment defence ... more

Dossier    September 29, 2014   thumbnail
Identity crisis

Sorry, wrong man … Fairfax, Random House and Allen & Unwin pay the price for sloppy journalism … Final bill looms for the costliest restaurant meal in Australia … Media to appeal Securency suppression order flouted by WikiLeaks ... more

Media Matters    September 25, 2014  
Guardian News and Media Ltd & Ors v Erol Incedal & Mounir Rarmoul-Bouhadjar

The English Court of Appeal, Criminal Division, decides there are compelling reasons to hold two “terrorist” trials in camera ... Only ten accredited journalists will be permitted access, subject to confidentiality … This report on the judgment by the Press Association’s Cathy Gordon ... more

Media Matters    September 23, 2014   thumbnail
National Security Legislation Amendment Bill: What can be reported?

The government’s proposed changes to our national security laws have met with strong criticism from the media and the legal fraternity, particularly the section concerning “special intelligence operations” ... Will the Bill chill free speech? James Nunez investigates ... more

Trial reports    September 22, 2014  
Brian Fisher v Channel Seven Sydney Pty Ltd & Ors

A former school bus driver hears evidence from three students that his conduct threatened their safety … Jury of four to decide who is telling the truth, as Justice Stephen Rothman presides ... more

Injunctions    September 19, 2014   thumbnail
Tobias Moran v Schwartz Publishing Pty Ltd & Virginia Peters

A man who was suspected of the murder of his former girlfriend in 2005, has failed to restrain publication of a book about the case … WA Supreme Court Justice Ken Martin favours the public interest in free speech ... more

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