60 Minutes has a “derivative” qualified privilege to broadcast a reply to an attack on the subject of an interview. Malice and damages sent back to a jury by Court of Appeal ... more
Year: 2003
O’Shane v John Fairfax Publications Pty Ltd
Final submissions in important comment case. The Sydney Morning Herald also argues that Lange qualified privilege extends to discussion about the conduct of judicial officers ... more
O’Shane v John Fairfax Publications Pty Limited
Janet Albrechtsen’s opinions about Magistrate Pat O’Shane not shaken in cross-examination. It’s “inappropriate for a magistrate to make extraneous comments” ... more
O’Shane v John Fairfax Publications Pty Ltd
Hard fought comment defence. Pat O’Shane pressed on the meaning of Janet Albrechtsen’s criticism of her in Sydney Morning Herald opinion pages ... more
Harrods Ltd v Dow Jones & Co Inc
All things considered the High Court thinks it is fair to hear Harrods’ defamation case against The Wall Street Journal in England. Small readership of print and on-line story in response to Al Fayed April Fool stunt ... more
Martin v Trustrum
Three savage publications defaming the executive director of the local law society result in $40,000 damages in rare Tasmanian defamation trial … more
Settlements
Smiles all round at Len Evans’ settlement with The Australian Financial Review. Rugby league brothers settle with The Daily Telegraph ... more
Attorney General for Qld v WIN Television Qld Pty Ltd
Finding of contempt against A Current Affair. Broadcast of a story suggesting the guilt of accused just after a hung jury was discharged. Potential to influence jury at a retrial (that was never held) ... more
Hanna v Maks
Justice Levine finds that defamation proceedings amounted to menacing of a newspaper’s advertisers. Plaintiff’s case dismissed as an abuse of process ... more
Pavy v John Fairfax Publications Pty Ltd
Now two juries have disagreed with the NSW Court of Appeal – in both cases finding that an imputation of physical violence towards a child is not defamatory. Whither “perversity” now? ... more
Harris v 718932 Pty Ltd & Ors
New life is breathed into Arthur Harris’ second round in The Gambling Man litigation. Court of Appeal allows action to proceed against Robbie and Bill Waterhouse ... more
Griffith v Australian Broadcasting Corporation
Justice Levine decides that the issue of republication is for the judge, not the jury ... more