Year: 2018

Trial reports    April 10, 2018

Bolton v Stoltenberg & Loder

Former country mayor sues over Facebook posts ... Whether the second defendant was a co-publisher or secondary publisher ... Implication of "liking" a Facebook post ... Nick Bonyhady reports from the NSW Supreme Court  ... more

 
Damages    April 10, 2018

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

 
Interlocutory/Case-Management    April 9, 2018

Geoffrey Rush v Nationwide News and Jonathon Moran

More Rush ... Nationwide News seeks contribution and indemnity from the Sydney Theatre Company ... Affidavit about ongoing hurt to the applicant ... Confidential informant outed by the newspaper ... Cross-claim argument ... Justice Michael Wigney sets timetable for the case  ... more

 
Seminars, interviews & commentary    April 8, 2018

Defamation law: outmoded and overwrought

Defamation law seminar under the auspices of the University of NSW ... Judge Judith Gibson looks at online publishing and the need for defamation law reform ... Peter Gray SC on contextual truth's complexities ... Richard Potter on defamation actions in the non-parallel universe of the Federal Court  ... more

 
Interlocutory/Case-Management    April 6, 2018

Azzi v Fairfax Media Publications Pty Ltd

Plaintiff to replead and amend statement of claim ... Local council planning decisions referred to ICAC ... Plaintiff not identified with alleged wrongdoing in report by Kate McClymont ... Imputation of suspicion, not guilt ... Report from Nick Bonyhady ... more

 
Appeals    March 29, 2018

Australian Broadcasting Corporation v SAWA Pty Ltd

Treatment of cattle on a Western Australian pastoral lease ... ABC seeks video for broadcast ... Images more powerful than text ... Public interest exemption under Surveillance Devices Act of no assistance to the broadcaster ... Nick Bonyhady reports  ... more

 
Seminars, interviews & commentary    March 29, 2018

O Canada

Analysis of defamation cases in Canada by Hilary Young ... What has changed ... What has stayed much the same ... Increased damages ... Impact of the internet ... From Nick Bonyhady  ... more

 
Damages    March 27, 2018

Bauer Media Pty Ltd v Wilson

The Victorian Court of Appeal rejects an application by six media organisations for leave to intervene in Bauer Media's appeal against Australia's largest ever defamation award ... Caps on damages ... The case for media intervention ... From Michael Douglas ... more

 
Publication    March 26, 2018

Trkulja v Google Inc

Google, the not so innocent disseminator ... New hypothetical referee challenged in the High Court ... Searching online for "Melbourne criminals" ... Graham Hryce on arguments in the great search engine case  ... more