Former Westpoint boss Norm Carey lives to fight another day over a 2006 Four Corners program … Former Kings Cross policewoman Wendy Hatfield gets a settlement and a grovel from News Digital ... more
Year: 2010
Channel Seven Sydney Pty Ltd v Peter Mahommed
The NSW Court of Appeal unanimously overturns a 30-year-old decision by allowing evidence of previous bad character to mitigate damages. Former mortgage broker Peter Mohammed has $15,000 shaved off his award ... more
Bruce Manefield v Child Care NSW
NSW Supreme Court Justice David Kirby awards damages of $150,000 over a malicious letter circulated to 650 members of Child Care NSW. The letter’s purpose was “to stifle competition” – and it succeeded … more
When the cap doesn’t fit
Separate proceedings, or one – for more than one publication? This issue and the cap on damages imposed by the uniform Defamation Act of 2005 continue to ruffle the feathers of some rare birds at the defamation bar. Bruce McClintock SC lets fly ... more
Un Dok Pak v The Korean Times Pty Ltd & Joshua Nam
NSW District Court Judge Richard Rolfe takes into account the “saving face” aspect of Korean culture and awards Strathfield solicitor Un Dok (Vivian) Pak damages of $100,000 over a Korean Times article that falsely suggested she was being investigated for corruption … more
Seven up
Channel Seven gets the green light to appeal Judge Levy’s no-jury decision … Sacked Keddies interpreters sue partners … “National Honesty Test” failure sues Today Tonight ... Killer defamations … Doctor sues University of NSW … ABC radio presenter sues Newcastle radio stations … Rank & file matters ... more
Special Report: A postscript on juries
Is the jury still out on the use of juries in defamation actions? ... Has the impetus gone from the idea that they should be disposed of? A Special Report on what’s what ... more
Con Ange v Fairfax Media Publications Pty Ltd & Ors
Self-described pornographer Con Ange to be cross-examined after failing to provide adequate discovery … NSW Supreme Court Justice Peter Garling rejects his bid for trial without a jury ... more
Endlessly appealing
Appeals, cross-appeals, intentions to appeal, special leave applications and settlements abound as the defamation year comes to a finale … Greens MP Ian Cohen counts the cost (again) ... Two in-camera court hearings grind to a close ... more
The Journalist’s Guide to Media Law – Book review
A fourth edition of The Journalist’s Guide to Media Law has just been published. Media lawyer, commentator and occasional journalist Leanne O’Donnell interrogates the “refreshingly forthright” text ... more
Journalists’ shield laws: What lies ahead?
Journalists’ shield laws recently got the nod in the form of Independent Andrew Wilkie’s Journalists’ Privilege Bill. Reading University-based academics Lawrence McNamara and Sam McIntosh review the Senate committee’s findings and look at how the Wilkie Bill stacks up against protections in the UK ... more
All a twitter
Everybody’s talking about it…and the normal rules don’t seem to apply. Richard Ackland reviews the wild week that was all about The Australian’s editor-in-chief Chris Mitchell threatening to sue journalism academic Julie Posetti over a tweet … more