Witness near tears as she describes the alleged consequences of a former NAB financial adviser’s advice … Presiding judge Lucy McCallum concerned about slow proceedings and expected delays … Naaman Zhou reports ... more
Year: 2016
Heather Reid v Stan Dukic
ACT Supreme Court Justice John Burns awards $180,000 damages for a series of “irrational or ranting” Facebook posts which defamed a Canberra football executive … The defendant fails to appear at every turn … more
Graeme Cowper v Fairfax Media Publications Pty Ltd & Ors; Graeme Cowper v Australian Broadcasting Corporation
Special counsel for the NAB tells a NSW Supreme Court jury that former financial adviser Graeme Cowper admitted he had “done the wrong thing” in “doctoring” client files … The practices of bank financial advisers under scrutiny in double defamation trial against Fairfax and the ABC ... more
Graeme Cowper v Fairfax Media Publications Pty Ltd & Ors; Graeme Cowper v Australian Broadcasting Corporation
First day of former NAB financial adviser’s defamation actions against Fairfax Media and the ABC finds him conspicuously absent from the witness box … His counsel plans to call 36 witnesses instead … Special damages evidence to be heard concurrently ... more
Access to information should not be an after-thought
The courts and tribunals of England and Wales are up for a radical, digital overhaul, but has the concept of open justice been properly considered? .... UK media and information law academic Dr Judith Townend examines the details ... more
Malcolm Weatherup v Nationwide News Pty Ltd
Retired Townsville journalist awarded $100,000 damages over allegations he was “habitually intoxicated” and lost his job as a result … QLD Supreme Court Justice David North awards aggravated damages because The Australian persisted in an “unjustifiable” defence … more
Graeme Cowper v Fairfax Media Publications Pty Ltd & Ors; Graeme Cowper v Australian Broadcasting Corporation
Fairfax and ABC refused leave to amend defence just days before trial … NSW Supreme Court Justice Stephen Rothman also rejects a bid by the defendants to vacate the trial date and one by the plaintiff for disclosure of sources ... more
Edward Kang v Channel Seven Sydney & Ors
“Reluctant gladiator” and migration agent has a third set of defamation proceedings struck out and dismissed for lack of compliance … Failure to serve the statement of claim after nine months is “unacceptable” says NSW District Court Judge Judith Gibson ... more
Challenges in media regulation
Acting chair of the Australian Communications and Media Authority Richard Bean has told a Communications and Media Law Association seminar that despite the rise of online platforms Twitter and Facebook, the effects of digital disruption on media regulation shouldn’t be overstated … Read his paper in full ... more
Rolling Stone found to have acted with “actual malice”
The high-profile defamation case involving Rolling Stone magazine throws light on both journalistic practice and US libel law, says New York based Alexia Bedat ... She reviews both in this Inforrm article ... more
The trouble with 18C and free speech
As the political storm around s18C continues unabated, Sydney University media law academic and author Dr David Rolph looks at the latest judgment and why it is an inadequate measure of free speech in Australia ... more
Stephen Dank v Nine Network Australia Pty Ltd
The man who was awarded zero damages after being defamed in The Daily Telegraph has his final two defamation actions dismissed … A woman who has been similarly unsuccessful in her plethora of defamation actions, fails to have judgments against her set aside or stayed ... more