Frank Lewincamp, the former director of Defence Intelligence Organisation, has been awarded $375,000 over two Bulletin articles and a leaked government report. Federal Court Justice Anthony Besanko finds the magazine was motivated by malice – “a desire to publish a sensational story … to increase circulation” … more
Year: 2008
The right to be unreasonable
Michael Cameron examines a recent and unanimous Supreme Court of Canada judgment that extended the defence of fair comment. The court affirmed radio jock Rafe Mair’s “right to be unreasonable” without the need to prove his “honest belief” ... more
In defence of qualified privilege
Stephen Collins, former head of ABC legal, now at Channel 4 in London, looks at a recent UK summary judgment upholding common law qualified privilege and asks why this defence fails so frequently and abysmally in Australia ... more
R v Herald & Weekly Times Pty Ltd and Peter Blunden
Graphic illustration of contempt. The Herald Sun fined $10,000 for publishing details of a so-called Melbourne “gangland” murder during an accused man’s trial. Justice Emilios Kyrou finds the pressure of deadlines no excuse ... more
Who’s the bully?
NSW Greens MP Ian Cohen mired in legal battles with defamation suits, assault charges and an appeal granted to Byron Bay developer Jerry Lee Bennette … Tim Johnston finally runs out of defamation Firepower … Alan Bond gets to inspect The West Australian’s computer … Today Tonight defamed former lawyers for convicted paedophile magistrate Peter Liddy … damages appeals from $12,000 to $360,000 ... more
Judy Davis v Nationwide News Pty Ltd
The NSW Supreme Court’s Chief Justice at Common Law Peter McClellan takes a conservative approach to damages under the new Defamation Act (2005) and awards actress Judy Davis $140,000 for one “defamation proceeding” involving two similar articles published by Nationwide News … more
Orsborn v John Fairfax Publications Pty Ltd
Truth wins case for Fairfax as Justice John Hislop finds former mortgage broker Geoffrey King (Orsborn) deceived a borrower by failing to disclose that his wife, Paris King Orsborn, was the lender ... more
Noel Dennis v Australian Broadcasting Corporation
Failed nuclear technology company Nu-Tec’s defamation ambitions suffer another setback as a feisty NSW Supreme Court jury throws out the bulk of the case brought against the ABC’s 7.30 Report by Noel Dennis, one of Nu-Tec’s principle shareholders and the company’s former “legal advisor” ... more
Cathy Page v Shane McGovern
Full Court of Tasmania overturns a decision that ordered a woman to pay damages to her ex-husband over what she said in a police affidavit. The court affirms that witnesses in court proceedings cannot be sued for defamation ... more
R v Purdie & The Advocate Newspaper Pty Ltd
Tasmania’s The Advocate fined $5000 over “unintentional” contempt committed by experienced court reporter. Supreme Court Justice Pierre Slicer finds the paper’s “lapses of judgment or taste” irrelevant to the penalty ... more
Dyson Hore-Lacy v Phil Cleary and Allen & Unwin
Supreme Court of Victoria refuses an application by author Phil Cleary and his publisher Allen & Unwin to replead the defence of fair comment over a book that prominent Melbourne silk Dyson Hore-Lacy says defamed him ... more
R v Sammut & WIN Television Vic Pty Ltd
Regional broadcaster WIN Television fined $50,000 for contempt over news report of a criminal trial. Justice Hartley Hansen finds Gippsland bureau chief Anita Sammut was “careless”, but not “reckless” ... more