$140,000 in damages ... Default judgment ... Facebook post attacking WA harness racing's chief steward ... "Vile nature of the material" ... Reach of the publication difficult to measure ... Carmel Galati reports ... more
Year: 2018
Scott v Baring
$140,000 in damages … Default judgment … Facebook post attacking WA harness racing’s chief steward … “Vile nature of the material” … Reach of the publication difficult to measure … Carmel Galati reports … more
Chris Gayle v Fairfax Media Publications & Ors (No. 2)
$300,000 in general damages assessed “holistically” over three defendants involving 28 articles … No aggravated damages … Finding of malice disregarded … Truth and qualified privilege defences defeated … Consideration of whether “reasonableness” should be a matter for the judge or the jury … Criticism of closing address by plaintiff’s counsel … Basis for attack on the reliability of defence witness’s testimony … Reasons why the defendants’ application for a jury discharge was dismissed … Stephen Murray reports … more
Chris Gayle v Fairfax Media Publications & Ors (No. 2)
$300,000 in general damages assessed "holistically" over three defendants involving 28 articles ... No aggravated damages ... Finding of malice disregarded ... Truth and qualified privilege defences defeated ... Consideration of whether "reasonableness" should be a matter for the judge or the jury ... Criticism of closing address by plaintiff's counsel ... Basis for attack on the reliability of defence witness's testimony ... Reasons why the defendants' application for a jury discharge was dismissed ... Stephen Murray reports ... more
Craig McLachlan v Christie Whelan Browne & Ors
Contextual truth ... Three witnesses from Dr Blake TV series available to give evidence and plaintiff's behaviour ... However, Justice McCallum says defendants' contextual imputations are too vague and imprecise ... Opportunity to replead ... Stephen Murray reports ... more
John Nigel Walden v Attilio Danieletto
A mere assertion of an unpaid debt is not defamatory ... Body corporate meeting where unit holder was told he was "un-financial" ... No likelihood of harm to reputation ... Defence of qualified privilege ... Parisa Hart reports ... more
Nine Network Australia Pty Ltd & Ors v Sheppard
Queensland Court of Appeal upholds strikeout of part of Nine Network's A Current Affair defence ... Plaintiff's bankruptcy has no bearing on pleading of "dishonesty" ... A question of "motivation" ... Parisa Hart reports ... more
Craig McLachlan v Christie Whelan Browne & Ors
Plaintiff wants the trial to be split into two ... Liability and damages ... Application for access to notes taken by Whelan Browne's therapist ... Carolan orders for removal of redactions on the identity of defence witnesses ... Stephen Murray reports ... more
Osman Faruqi v Mark Latham
Settlement of “anti-white racism” case … Osman Faruqi and Mark Latham get to go home … $100,000 plus in damages and costs … Faruqi says there needs to be robust debate without harm to individual reputations … Latham gives thanks to his donors … more
Osman Faruqi v Mark Latham
Settlement of "anti-white racism" case ... Osman Faruqi and Mark Latham get to go home ... $100,000 plus in damages and costs ... Faruqi says there needs to be robust debate without harm to individual reputations ... Latham gives thanks to his donors ... more
Craig McLachlan v Christie Whelan Browne & Ors
Defendants seek late inclusion of four new witnesses ... Accountants calculate $6.5 million in special damages for Craig McLachlan ... Judge puzzled by lack of an explanation for delay ... New evidence might be "inherently potentially compelling" ... Proposal to split the trial ... Stephen Murray reports ... more
Interview with Peter Gray SC
Peter Gray SC, one of our most experienced media lawyers, talks with the Gazette of Law & Journalism ... The issues du jour ... No key money at 153 Phillip ... Defamation law falling behind the realities ... Uploading and downloading - the notion of "publishing" ... Why the cap should be removed ... The elasticisation of national security suppression ... #MeToo litigation and the responsibility of the media ... Memories of Abbott & Costello ... And more ... more