Frank N Furter ... Dr Blake ... Actor Craig McLachlan objects to old allegations being included in the defendants' particulars of truth ... Contextual imputations ... New allegations see a "massive enlargement of the case" ... Stephen Murray reports ... more
Year: 2018
Knockouts
Harmonnia Junus v Fairfax Media Publications Pty Ltd; Harmonnia Junus v Sing Tao Newspapers: McCallum J knocks out imputations in the case of the violinist, her violin, her ability as a musician and her father ... Christine Cronau v Elizabeth Nelson: Amended statement of claim knocked out in claim over Facebook posts about dietary disputes ... more
Wagner & Ors v Harbour Radio Pty Ltd & Ors
Alan Jones could have saved broadcasters over $1 million in damages, plus costs, if he had agreed to the plaintiffs' apology ... Indemnity costs for the Wagners up to the trial ... Calderbank offer ... A counter offer from the plaintiffs required an extensive apology from Jones ... Struggle over the language for an apology ... Costs followed the event for Nicholas Cater ... Stephen Murray reports ... more
Clinton Sarina v Fairfax Media Publications
Full Federal Court overturns Justice Flick's summary dismissal of defamation action against Fairfax by an associate of Michael McGurk, the murdered standover man and property developer ... Deed of release only applies to Fairfax Digital, not Fairfax Media ... Dow Jones v Gutnick rears its head ... Extent of the settlement agreement read down by the Full Court ... Stephen Murray reports ... more
Nationwide News Pty Ltd v Damien Vass
Sunday Telegraph's story about the sale of an artwork by Del Kathryn Barton ... An offer of amends from publisher is still open for acceptance even after plaintiff makes a subsequent counteroffer ... Compromise provisions in the UCPR operate separately from Defamation Act amends provisions ... Newspaper's offer of amends open until "withdrawn in writing" ... Stephen Murray reports ... more
Sarah Hanson-Young v David Leyonhjelm
Senator Leyonhjelm fails in application to permanently stay Senator Hanson-Young's defamation case ... Parliamentary privilege in contention, but won't be decided at this stage ... Statements made in parliament repeated in the media outside parliament ... Leyonhjelm to appeal Justice Richard White's findings ... Stephen Murray reports ... more
Geoffrey Rush v Nationwide News
Last day ... Final submissions ... McClintock asks Justice Wigney to award Geoffrey Rush millions of dollars ... General, special and aggravated damages ... "Significant risk" Rush will never work again ... Potential economic loss amounts to $128,006 a month ... "Malicious" headline ... Respondents say there is no evidence Rush was "not open for business" ... Stephen Murray reports ... more
Geoffrey Rush v Nationwide News
Day 14 ... Geoffrey Rush's lawyers claim the Telegraph's articles are "reckless, irresponsible journalism" and that Eryn Jean Norvill is making it all up ... "Scrumptious and yummy" missing from witness statement ... Robyn Nevin thrown "under the bus" ... Confusion over breast-groping ... Emoji text ... Telegraph says the imputations are over-blown and not capable of arising ... Stephen Murray reports ... more
Geoffrey Rush v Nationwide News
Day 13 ... Final submission from Tom Blackburn SC for Nationwide News ... Judge would have to choose between the evidence of Geoffrey Rush and the evidence of Eryn Jean Norvill ... Judge "grappling" with aspects of the respondents' evidence ... Wigney would not use "yummy [or] scrumptious" in his workplace, but theatre is different ... Judge thinks some of the respondents' submissions "bizarre" ... Stephen Murray reports ... more
Unfit for purpose
Rethinking and redesigning defamation law ... Dr Matt Collins QC identifies the problems with Australian defamation law and proposes some prescriptions ... Dusting-off the New South Wales Law Reform Commission's defamation report of 1995 ... Declarations of falsity ... Current regime inadequate for the task ... Reputations inadequately protected against unjustifiable attack ... Public interest reporting stifled ... Paper presented at Melbourne Law School alumni seminar, October 2019 ... more
Geoffrey Rush v Nationwide News
Justice Wigney refuses the Daily Telegraph's application to include the evidence "Witness X" ... Prejudice to actor Geoffrey Rush would be "manifest and palpable" ... Witness X's evidence would go to an imputation that Rush was a "pervert" ... No abuse of process or contempt ... Interim suppression order still in place ... Stephen Murray reports ... more
Geoffrey Rush v Nationwide News
Aggravated damages foreshadowed ... Geoffrey Rush's potential economic losses arising from the Telegraph's allegations ... Evidence from accountants ... $5 million for the role as Captain Barbossa ... $1-2 million for non-pirate roles ... Stephen Murray reports ... more