Recent decisions by WA Supreme Court judges against releasing footage of animal mistreatment are at odds with the High Court's approach in the Bob Brown protest case, where it was recognised that text-based reporting does not have the same emotional impact as video ... Nick Bonyhady explains ... more
Year: 2018
A free press finds a fierce advocate
Interview with Fairfax's editorial counsel Larina Mullins ... The failure of the law to protect public interest journalism ... The uncontested rote of suppression orders ... Rebel Wilson and the assault on damages caps ... Getting the big stories over the line ... Cultural divide between judges and the newsroom ... more
Fairfax Digital Australia and New Zealand Pty Ltd v Kazal
NSW Court of Appeal has another crack at contextual truth, which remains a muddled and confusing defence ... Nick Bonyhady reports ... more
Clifford Weeks v Nationwide News Pty Ltd
Appointment of senior Aboriginal affairs bureaucrat in NT ... Criticism of his tenure in WA ... Bald statements were not expressions of comment or opinion ... Louise Hall reports ... more
Craib v Craib
Will furore between stepsons and widow ... Emails and Pinterest post lead to defamation claims ... Narcissistic sociopath ... Triviality and qualified privilege ... Louise Hall reports ... more
Tabbaa v Nine Network Pty Ltd (No.10)
Mistake by counsel should be corrected by the court ... Counsel for the plaintiff did not object to judge's failure to spell out the "public interest" requirement of the honest opinion defence ... Application to set aside verdict refused ... Criticism of plaintiff's counsel ... Zero damages where imputations found to be true overwhelmed those where the justification defence failed ... more
Rush v Nationwide News Pty Ltd (No 2)
Interlocutory applications by Nationwide News rejected by Justice Michael Wigney ... Leave refused to file a further amended defence and to cross-claim against the newspaper's source, the Sydney Theatre Company ... Exploration for a possible truth defence headed-off at the pass ... Judge concerned about further delay and prejudice to the applicant ... more
Sarina v Fairfax Media Publications Pty Ltd
Deed of release executed to settle District Court defamation proceedings also applies as a bar to subsequent Federal Court defamation proceedings in relation to two separate articles ... Former business associate of Michael McGurk ... Justice Flick dismisses proceedings with costs ... more
Geoffrey Rush v Nationwide News
Daily Telegraph's cross-claim application ... Whether Sydney Theatre Company assented to the publication of allegations against Geoffrey Rush ... Telegraph says cross-claim should go ahead otherwise Rush will have to come back to court for separate proceedings next year ... Justice Wigney voices concerns ...Kishor Napier-Raman reporting ... more
Bolton v Stoltenberg & Loder
Debating how Facebook works ... Implications of "liking" a post ... Algorithms and reach ... Justice Payne on mounting costs of the trial: "You'll all be unhappy" ... Kishor Napier-Raman reports ... more
Bolton v Stoltenberg & Loder
Who read the Narri Leaks Facebook page? ... Identification of readers in contention ... Did they have a requisite interest in the complaints about the then mayor of Narrabri? ... Nick Bonyhady reports from the Bolton trial ... more
Kenzie Smith v Wayne Stevens; Glen Camille v Wayne Stevens
Dispute within Pilbara Aboriginal corporation … Total damages of $13,000 to two plaintiffs for defamatory email sent to 10 directors or employees of the corporation … Two long-serving WA silks battle it out … Qualified privilege defeated by malice … Louise Hall reports … more