Seminars, interviews & commentary    July 28, 2005

Section 22 should not be the law of the land

Veteran Queensland lawyer Doug Spence adds his voice to the call to stop the adoption of NSW’s version of statutory qualified privilege in the proposed Uniform Defamation Act. That law would not have accomodated much of the reporting that lead to the Fitzgerald inquiry or the “Dr Death” commission ... more

 

Privacy    July 22, 2005

Rivera v Australian Broadcasting Corporation

ABC documentary on a student legal centre gives rise to actions in misleading and deceptive conduct, breach of privacy, defamation and breach of confidence – all of which fail ... more

 

Suppression    July 22, 2005

Kamm v Channel Seven Sydney Pty Ltd

Convicted sex offender, known as “Little Pebble”, fails to stop Today Tonight broadcasting an interview with one of his victims. A second jury trial in relation to a further alleged victim is likely to be held in December 2005 ... more

 

Qualified Privilege    July 13, 2005

Markisic v Middletons Lawyers

Absolute privilege applies to witness statement prepared for separate defamation proceedings. The statement was distributed to lawyers, defendants and to a spouse ... more

 

Seminars, interviews & commentary    July 9, 2005

History on Trial: My Day in Court with David Irving

David Levine QC reviews Deborah Lipstadt’s account of the defamation case brought against her and Penguin Books by the Holocaust denier David Irving. This is one of the great defamation trials of modern history, made all the memorable by the masterly destruction of the plaintiff ... more

 


Section 7A    June 21, 2005

Cameron Donald v TCN Channel Nine Pty Ltd

Section 7A trial. BRW Young Rich entrant gets one out of 24 imputations up against Channel Nine’s A Current Affair. Full-frontal attack in five broadcasts, but the jury thought it was not defamatory to call a Sydney property developer, “a thief, crook and a scumbag” ... more

 

Trial reports    June 15, 2005

Ross Tucker v Echo Publications Pty Ltd and Fast Buck$

Part Three – Second leg trial of NSW north coast newspaper stoush continues. The Byron Shire Echo accused The Saturday Star of underpaying an employee. A co-proprietor of the Star claims financial hardship ... more

 

Seminars, interviews & commentary    June 9, 2005

When reasonableness is unreasonable

Why are the states and territories persisting with dragging NSW’s useless version of statutory qualified privilege into the uniform Defamation Act? Peter Applegarth SC argues that the qualified privilege defence drafted by Sir Samuel Griffith in 1889 is a far more effective mechanism for media defendants and other participants in public affairs ... more

 

More...    June 7, 2005

Defamation law reform

The latest round in the defamation law reform negoitations between the Commonwealth and the states has produced another standoff. Attorney General Ruddock says he’ll wait and see how close the states get to his position before deciding whether to legislate from Canberra. NSW Attorney General Bob Debus says he is urging his colleagues to implement their model “uniform” provisions ... more

 


Trial reports    June 2, 2005

Zunter and John Fairfax Publications v State of NSW

Latest developments. Cross-claim by Fairfax and plaintiff against the State of NSW settled following discharge of the jury. The Sydney Morning Herald sought contribution because it republished defamatory information authoried by a State government firefighter ... more