The NSW Court of Appeal interrogates notions of celebrity, privacy and the public interest as Fairfax appeals Justice Henric Nicholas’ decision to strike out all its defences over a Sun-Herald gossip column about Dick Pratt’s former mistress, Shari-Lea Hitchcock ... more
Year: 2007
Back to the future
NSW Supreme Court flags that there should be two trials for cases brought under the uniform Defamation Act – one for meanings, another for defences … A Current Affair settles big blooper for $200,000 plus costs … Uncertainty as to identity of plaintiff in action against 7.30 Report ... The state of Sydney’s junior defamation bar following a boom time for silk promotions … Qualified privilege defence reheard in Byron Shire Echo case ... more
Paul Gibson v Nationwide News Pty Ltd
The NSW Court of Appeal follows Justice Ruth McColl’s “formulation” in relation to unreasonable jury verdicts and dismisses Labor MP Paul Gibson’s appeal. It’s up to the jury, except when appeal judges think otherwise ... more
Abdul Salam Mohammed Zoud v Nationwide News Pty Ltd & Richard Kerbaj
Another of The Australian’s investigations into home-grown terrorism is found to be defamatory. This time the target was Lakemba-based sheik, Abdul Salam Mohammed Zoud ... more
Money down the Mine Shaft
MacBank “Mine Shaft” defamation case against The Australian winds-up … ABC pleads guilty in Victoria to three charges of contempt … DPP not quite ready for contempt hearing against Liz Sexton and The Sydney Morning Herald ... Ex-MP Peter Breen sues over Shorty Jamieson “love” story ... more
State of Western Australia v Paul Armstrong
The WA Court of Appeal has dismissed contempt proceedings against The West Australian and its editor Paul Armstrong over a letter to the editor. The letter had no tendency to prejudice a fair trial and the DPP provided insufficient evidence. Trial judge was too trigger happy in discharging the jury ... more
When media lawyers speak freely
Some 190 media lawyers from the US, UK, Australia, Asia and Europe, gathered for two days of intense discussion and debate at London’s historic Stationers’ Hall, as part of the Media Law Resource Centre’s annual conference. Topics ranged from privacy to protection of sources and the high price of the freedom of the press ... more
Settlements … Contempt … Talk Fests
Channel Seven settles with Sparkles McGaw … TPA case against Dennis O’Rourke dropped … Fairfax contempt hearing over Selim report … New media conference at UNSW ... more
Macquarie Radio Network Pty Ltd v Arthur Dent
The NSW Court of Appeal finds that when 2GB jock Ray Hadley made defamatory remarks based upon an article in The Sydney Morning Herald, he was not making a fair summary of a protected report. Arthur Dent’s $65,000 damages award stands, despite a partial victory for comment ... more
Coull v Nationwide News Pty Ltd
Murdoch’s NT newspapers ordered to pay $12,000 damages over a court report of an assault case. Northern Territory Supreme Court finds it wasn’t fair and accurate … more
Gacic v John Fairfax Publications Pty Ltd
Former owners of Coco Roco were given two imputations courtesy of the Court of Appeal and the High Court. Now a new jury has granted them a third over that scathing Sydney Morning Herald restaurant review ... more
Rohan Malcolm v Nationwide News Pty Ltd
NSW Court of Appeal unanimously overturns Justice Caroline Simpson’s finding that a Daily Telegraph story imputed mere suspicion, and not guilt, in relation to the abduction and indecent assault of a seven year-old boy ... more