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Dossier    December 19, 2014   thumbnail
Peace breaks out for Christmas

Big end of town settlements feature as the end of the year draws nigh … Justice McCallum chastises plaintiff barrister (in his absence) and orders mediation in ABC matter … Wisconsin court dismisses proceedings against Fairfax ... more

Dossier    December 18, 2014  
The IP year in review

The past year has seen the release of several seminal reports, followed by much discussion and debate … Internationally, Kim Dotcom, the Pirate Bay and Wiklieaks figured prominently, as Rocco Rinaldo reports ... more

Seminars, interviews & commentary    December 17, 2014   thumbnail
Highlights and lowlights of 2014

The Gazette asked a handful of savvy media law types to choose the highlights and lowlights of the year that was … Some consensus emerged, at least in terms of UK developments ... more

Media Matters    December 15, 2014  
Code's protections come into play after damage is done

The UK’s new Code of Practice for acquiring and disclosing communications data has come under attack from media organisations for good reason – it fails to protect journalist’s sources … This analysis from Media Lawyer’s Mike Dodd ... more

Damages    December 10, 2014   thumbnail
Defamation cap rising well above inflation

An analysis of the 2005 defamation damages cap demonstrates that it is increasing at a rate far greater than inflation – up from $250,000 to $366,000 since 2006 … Melbourne media lawyer John-Paul Cashen crunches the numbers ... more

Seminars, interviews & commentary    December 9, 2014  
Press needs a regulator to protect itself - and the rest of us

The case for independent regulation of the British press gets a boost following revelations about the methods of former News of the World reporter Mazher Mahmood, the so-called “Fake Sheik” ... Goldsmiths Professor of Journalism Angela Phillips explains why ... more

Dossier    December 8, 2014   thumbnail
Spurr's poetic licence stays online

New Matilda and Professor Barry Spurr have a meeting of minds (sort of) ... An injunction prevents further publication, but Spurr’s racist and sexist emails stay online … More free speech action in the pipeline for the independent news website ... more

Privilege    December 4, 2014  
David Barrow v Andrew Bolt & The Herald & Weekly Times Pty Ltd

A man who sued conservative commentator Andrew Bolt for calling him a “vexatious litigant” has lost his case … Two defences succeed – common law qualified privilege and triviality – but offer of amends fails ... more

Appeals    December 2, 2014   thumbnail
Katie Milne v Bob Ell

NSW of Court of Appeal attempts to put a brake on further legal action between Greens councillor Katie Milne and property developer Bob Ell … Both applications for leave to appeal are refused, along with any order as to costs ... more

Damages    December 1, 2014  
Nicholas Polias v Tobin Ryall & Ors

Poker player awarded $340,000 over defamatory and “scurrilous” Facebook posts by four defendants ... NSW Supreme Court Justice Stephen Rothman finds the first defendant deliberately lied on oath and the second’s conduct “vicious and malicious” ... more

Damages    December 1, 2014   thumbnail
Khurrum Awan v Ezra Levant

Free speech at issue in Canada as the Ontario Supreme Court finds allegations made by a right-wing journalist and blogger baseless and malicious … Damages of Can$80,000 ensue … This case note and comment from Inforrm ... more

Seminars, interviews & commentary    November 28, 2014  
Book Review: Social Media and the Law

This timely tome, edited by Patrick George, looks at social media and the law in a number of areas and from a range of perspectives … Barrister Richard Potter gave it a test read and predicts it will be much quoted ... more

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

Offer of amends judgment finds heavily against the media – to the tune of an extra $300,000 … Justice Lucy McCallum judges Fairfax’s offer unreasonable in several critical respects, including the failure to Tweet an apology ... more

Dossier    November 26, 2014  
IP news, here and there

Public consultation on Marrakesh Treaty winding up … Latest developments in Sweden’s biggest file sharing prosecution … Kim Dotcom’s NZ legal team exit stage right … Rocco Rinaldo reports ... more

Appeals    November 26, 2014   thumbnail
John Setka v Tony Abbott MP and Australian News Channel Pty Ltd

Unionist John Setka’s defamation action against Tony Abbott suffers another blow … Victorian Court of Appeal affirms the validity of the Hore-Lacy defence in that jurisdiction … Daniel Stuk reports ... more

Interlocutory    November 25, 2014  
Mohammed Rezaiee v Australian Broadcasting Corporation (No 2)

A win for the media, and a loss … NSW Supreme Court Justice Lucy McCallum upholds the public interest in respect of footage secretly filmed by the ABC … And pulls the “contextual truth rug” from underneath Channel Nine’s feet … Kate Lilly reports ... more

Trial reports    November 25, 2014   thumbnail
Richard Woelfl v Australian Broadcasting Corporation

The defamation trial brought by a Grafton gaol prison officer against the ABC ends abruptly after vigorous cross-examination by counsel for the broadcaster, Stuart Littlemore QC … Sighs of relief all round ... more

Seminars, interviews & commentary    November 21, 2014  
Litigating media privacy cases

The Australian Law Reform Commission recently proposed a statutory tort for serious invasions of privacy … But what privacy protection is currently available to privacy litigants and how should lawyers approach media privacy cases? Nina Ubaldi went along to a recent CMCL seminar to find out ... more

Dossier    November 19, 2014   thumbnail
Jury out on Hockey and Adams

No juries for federal treasurer Joe Hockey or NSW Supreme Court Justice Michael Adams … Nationwide News last media company left in Gordon Wood proceedings … The thoughts of Justice Lucy McCallum … In the shadow of the trade unions Royal Commission …. Doctor sues Nine over secret filming … Fresh action, new settlements ... more

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