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” … more
Year: 2020
Elaine Stead v Fairfax Media Publications & Anor
Sixth day of trial ... Columnist Joe Aston under cross-examination ... Mocking message on news of Stead's mother a "poor joke" ... Colourful language from source with strong negative views ... Sources all male ... "Lurking in shadows" ... Banal social media posts ... Disputes whether Vinomofo could meet growth targets ... Shoes of Prey concept "blindingly stupid" ... Courts Editor Stephen Murray reports ... more
Elaine Stead v Fairfax Media Publications & Anor
Fifth day of trial ... Columnist Joe Aston gives evidence ... Venture capitalist Stead targeted for "self delusion and denial" ... Aston rejects "gossip columnist" label ... "Colourful" use of language ... Regrets Stead's feelings were hurt ... By-product of public interest debate ... "Cretin" intended to be insulting ... Anchorman references abound ...Courts Editor Stephen Murray reports ... more
Dark clouds for journalists in the Sunshine State
Attempts to silence reporting on political corruption during Queensland elections … “Integrity” law reform … “Trad laws” … Circumventing the “risk” of incorrect information … Compatibility with the State’s Human Rights Act … Criminalising journalism … Wither shield laws … Anna Kretowicz reports … more
The Queen v The Herald & Weekly Times Pty Ltd & Ors (Ruling No. 2)
Victorian Supreme Court ... Coverage of Pell trial verdicts ... Suppression order in place to protect second trial ... Sub judice contempt charges dropped against non-Victorian outlets ... 79 charges of contempt by sub judice and breach of suppression order remain ... Real risk of prejudice to administration of justice ... Courts Editor Stephen Murray reports ... more
Elaine Stead v Fairfax Media Publications & Anor
Fourth day of trial ... Columns were "character assassination" and "hit job" not "witty" and "entertaining" ... Argument on meaning ... Focus on deliberately destroying business capital ... Inaccurate report on value of equity assets ... Frustration at use of Twitter ... Fair enough to ask her to stop tweeting ... Courts Editors Stephen Murray reports ... more
Elaine Stead v Fairfax Media Publications & Anor
Third day of trial ... Stead accepts she misspoke saying all investments were successful ... Accusation she was "terrible investor" worse than "fraud" ... Mortification and panic at tweet directed at SA Premier ... "Terrorised" by abandoned truth defence ... "Livid" at respondents maintaining truth of imputations ... Courts Editor Stephen Murray reports ... more
High priests of defamation law reform are like the Bourbons
The Herron & Gill case against HarperCollins and Steve Cannane should never have gone to trial ... Proportionality ... Abuse of process ... Justice Jagot rejected earlier application to stay or strike out the plaintiffs' actions ... Calls for defamation reform misplaced when judges continue to misapply the law ... Graham Hryce comments ... more
Elaine Stead v Fairfax Media Publications & Anor
Second day of trial ... Elaine Stead felt "shame, embarrassment, humiliation and guilt" at AFR column ... Employer thought it "unhelpful" ... Mental health "completely obliterated" with "suicidal thoughts" ... Column "incredibly misogynistic" ... Columnist had "loud voice" in industry ... Reputation witnesses give evidence ... Courts Editor Stephen Murray reports ... more
Elaine Stead v Fairfax Media Publications & Anor
Federal Court ... First day of trial ... Venture capitalist suing over columns and tweet ... Labelled "feminist cretin"; "venture capital pyromaniac" ... Claims abuse was "misogynistic" ... "Feeble attempt" to list poor performers ... Columnist labelled "gossip monger" ... "Huge" damages and injunctions sought ... Courts Editor Stephen Murray reports ... more
Vanda Gould v Christopher Jordan
Federal Court ... Tax advisor suing Tax Commissioner over National Press Club Q&A ... Commissioner entitled to reply to attacks ... "Gestapo unit", "fanaticism", "disgrace" among attacks ... Meanings pitched too high ... Commissioner behaved with "restraint and propriety" ... No obligation for reply to be prompt ... Reply should not be used to "settle old scores or open old wounds" ...Courts Editor Stephen Murray reports ... more
Gayed v Abdelmalek
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 … more