Senator Leyonhjelm fails in a bid to stay Senator Hanson-Young's defamation action ... What words were said in parliament? ... Whether parliamentary privilege is engaged ... Whether the statement is innocuous ... Stephen Murray reports ... more
Year: 2019
Sam Ekermawi v Nine Network Pty Ltd
Anti-Discrimination Act … Morning TV presenter wants borders closed to Muslims … Vilification of a non-racial variety … Stereotyping … Linking the Muslim community to terrorism … Muslims in Australia are not identified as a “race” … Remarks were likely to encourage hatred of Muslims … Stephen Murray reports … more
Still counting
Victoria takes the cake in annual tally of suppression orders ...Latest Chau Chak Wing developments ... Membership of Defamation Working Party still unknown ... Queensland Court of Appeal hears from Alan Jones ... Media access to pleadings ... News roundup from Richard Ackland ... more
Interview with Gail Hambly
Former Fairfax corporate counsel and company secretary Gail Hambly talks to the Gazette of Law & Journalism ... Newspapers ... The future with Nine Entertainment ... Law reform ... Judges ... Cases she's happy to forget ... Cases that vindicated the journalism ... The Right to Know ... more
David Leyonhjelm v Sarah Hanson-Young
Leave application ... Stay ... Proceedings in parliament ... Hanson-Young denies saying the words in parliament attributed to her by Leyonhjelm ... Respondent allegedly concocted what was said in parliamentary exchange ... Parliamentary privilege ... Stephen Murray reports ... more
Voller v Nationwide News; Voller v Fairfax Media Productions; Voller v Australian News Channel
News media posts story on Facebook ... Predictable outrage ... Liability for publication of third-party comments ... Defamation or negligence ... Who to sue? ... Stephen Murray reports ... more
Hayson v Nationwide News Pty Ltd
Gambler and former brothel owner succeeds in opposing Daily Telegraph's "strike-in" application ... Federal Court ... Separate background story not concerned with the main imputations about match fixing ... "That was then, this is now" ... Stephen Murray reports ... more
Voller v Nationwide News; Voller v Fairfax Media Publications; Voller v Australian News Channel
Former Don Dale detainee sues over readers' comments posted to media Facebook pages ... News media's liability for third-party publications related to stories about the Voller case ... Publishers are unable adequately to moderate inflammatory and defamatory comments ... Determination of publication as an element in the cause of action ... Stephen Murray reports ... more
The open-ended ‘reasonableness’ question
Qualified privilege ... Reasonableness ... Whether judge or jury decides ... Still an open question ... Two strands ... Different requirements for common law and statutory QP defences ... Questions of fact ... McCallum J in Gayle and Daniels ... Comment from Professor David Rolph ... more
Knell v Harris & Lance & Netline Pty Ltd
Dispute over management of strata investment scheme ... Email to strata manager did not convey imputations of guilt ... Qualified privilege ... Information relevant to strata owners ... WA District Court ... Janek Drevikovsky reports ... more
Roberts-Smith v Fairfax Media Publications
Identity of defence witness suppressed ... Concerns about safety of the witness ... Disturbing threats made on social media ... Violence also threatened against TV panellist who criticised Roberts-Smith ... No suggestion the applicant is responsible for the threats ... Identity of "Person 17" unlikely to be suppressed at trial ... Stephen Murray reports ... more
Cummings v Fairfax Digital Australia & New Zealand Pty Ltd; Cummings v Fairfax Media Publications
Significant media victory in defamation case brought by racehorse trainer ... No imputations of guilt in fair report of civil proceedings ... Pleadings are "public documents" ... Fairfax not liable for third-party plagiarism of its original story ... Divergence of views about the newsagents' poster ... All female appeals bench ... McColl JA in the minority ... Stephen Murray reports ... more