NSW Court of Appeal ... Former Lithgow GM loses appeal over dismissal report ... Morgan [No 2] sidelined ... Majority believe imputation of bullying and intimidation conveyed ... Unanimous on statutory defence of qualified privilege ... Reasonable in the circumstances ... Wide sourcing ... Effort to obtain GM's side reasonable ... Courts Editor Stephen Murray reports ... more
Year: 2020
McEwan v McDaniel
District Court of Queensland ... Damages award of $100 ... Default judgment as defendant failed to file an intention to defend ... Abusive Facebook video ... Judge's poor regard for the plaintiff ... Lack of reputation evidence ... Dispute between mixed martial arts fighter and sponsor ... Anna Kretowicz reports ... more
Gayed v Abdelmalek
County Court of Victoria ... Damages of $120,000 awarded for series of Facebook posts ... Accusations the plaintiff serially defrauded members of the Coptic community ... The grapevine effect ... Estimate of the numbers who would have seen the posts ... Failure of defendant's wife to give evidence ... Inadequate apology ... Anna Kretowicz reports ... more
Around the courts
High profile lawyer Chris Murphy faces audiology test ... Publisher, columnist deny imputations conveyed ... "False issue" of publication ... NRL great's daughter wins 90 percent of costs on indemnity basis ... Reasonable offer of retraction and apology refused ... Former Toll chair settles with Fairfax over racism claim ... Apology published ... Former Leighton's CFO wins costs thrown away on indemnity basis ... Second further amended defence pleaded ... Courts Editor Stephen Murray reports ... more
Curtis v Phillips (Civil Dispute)
Party supplier defamed in Facebook post over non-fulfilment of order … Proportionality, triviality, honest opinion defences rejected .. Tagging of TV star “egregious” … Vindication without over-compensation … more
Zhang v Commissioner of Police & Ors
High Court challenge … Foreign inference laws and Lange … AFP raids on parliamentarian and senior advisor … Suspected role of CCP in political affairs … Espionage and related offences … Whether the Criminal Code impermissibly burdens the implied freedom of political communication … Challenge to search warrant … Anna Kretowicz reports … more
John (Sam) Newman & Anor v Wayne Ludbey & Ors
Federal Court ... Controversial AFL figure Sam Newman sues photographer, publishers ... Newman, fellow podcasters challenged account of famous AFL gesture by Indigenous Australian ... Photographer hits back ... Newman and Scott claim they are portrayed as reprehensible, bullies ... Respondents file truth defence, honest opinion, reply to attack ... Particulars of Newman's attacks on women, LGBTI community, Winmar ... Courts Editor Stephen Murray reports ... more
Around the courts
Federal Court ... Medical examination in prospect for lawyer Chris Murphy ... Justice Michael Lee thinks case should come on as early as February ... Question is Murphy's capacity as a lawyer ... Strike out bid by WA Premier to Palmer defamation defence ... Counter-claims cannot overwhelm the seriousness of imputations ... SBS, Alex Lee put on defence to Alan Jones claim ... Justification, contextual truth, honest opinion, fair comment pleaded ... Courts Editor Stephen Murray reports ... more
McEwan v McDaniel
District Court … Default judgment as defendant failed to file an intention to defend … Abusive Facebook video … Judge’s poor regard for the plaintiff … Lack of reputation evidence … Dispute between mixed martial arts fighter and sponsor … more
Geyer v Ghosn
NSW District Court ... Daughter of NRL star awarded $125,000 over false sex tape claims ... Internet "road rage" ..."Grubby" content on NRL fan page ... "Scurrilous and salacious series of accusations" ... "Keyboard warriors" ... Aggravated damages from failure to apologise ... "Viral falsehood" ... Courts Editor Stephen Murray reports ... more
Fairfax Media Publications; Nationwide News; Australian News Channel v Voller
High Court ... Grant of special leave ... Whether media outlets are publishers of third party comments ... Question of intention in publication ... Voller disputes whether appropriate vehicle ... Public policy question of internet regulation ... Media companies say they raised issue below ... Costs order not to be disturbed ... Courts Editor Stephen Murray reports ... more
Matthew Etnyre & Anor v Australian Broadcasting Corporation
Federal Court ... American couple sue over ABC story on commercial surrogacy in Ukraine ... Portrayed as "heartless" ... Imputations that couple abandoned baby ... ABC accepts imputations that couple abandoned child are conveyed ... Defences of justification, contextual truth and statutory qualified privilege ... No reputation in Australia ... Courts Editor Stephen Murray reports ... more