Federal Court ... Proceedings against Herald gossip columnist dismissed ... Prospect of still being sued over tweet ... Amended statement of claim draws in other journalists ... Fairfax arguing Broadcasting Services Act exemption ... Defamation Act has no effect as it is internet content host ... Burrows seeks extent of publication of tweets ... Courts Editor Stephen Murray reports ... more
Year: 2020
Around the courts
Lawyer and Fairfax settle over online articles ... Clarifications issued ... Partial indemnity costs awarded in travel agency suit ... Failed to establish capacity to sue ... Genuine offer to settle ... Indemnity costs run from when offer was made ... Section 40 read down ... Strike out bid over repetitive imputations fails ... Subtle differences ... Non-standard discovery, interrogatories deferred in Slack case ... Courts Editor Stephen Murray reports ... more
Herron v HarperCollins Publishers Australia Pty Ltd (No. 3)
Federal Court ... Chelmsford doctors lose defamation action against ABC journalist and publisher ... Deep Sleep Therapy "dangerous experimental treatment" ... Doctors sought to "rewrite history" ... Believed themselves victims of injustice ... Justification defence maintained ... Statutory qualified privilege defence established ... Not obliged to seek doctors' side of the story ... Courts Editor Stephen Murray reports ... more
Around the courts
Federal Court ... Fintech CEO suing over money laundering claims ... Offer of amends in dispute ... Mediation expected ... High profile lawyer Chris Murphy suing Daily Telegraph columnist ... Claims too physically deteriorated to practice law ... Former Toll chair suing over racist remark claims ... Claims smear campaign in sending emails to associates ... Court Editor Stephen Murray reports ... more
Jacinta Nampijinpa Price v Australian Broadcasting Corporation and Anor
Activist and councillor suing ABC and Aboriginal Land Council ... Claims portrayed as racist and divisive over speaking tour ... Land Council claimed Price vilified and ridiculed Aboriginal people .. ABC reporting in Coffs Harbour and Alice Springs sued on ... Claims of racism, vitriol and hate speech ... Courts Editor Stephen Murray reports ... more
Around the courts
Federal Court ... Pauline Hanson launches sex discrimination claim against former colleague ... Victimisation over allegations of sexual harassment ... Proceedings running alongside defamation action ... Subpoena set aside in Stead-Aston suit ... Seeking communications with short selling hedge fund ... Protection of confidential sources ... Further and better discovery ordered ... Courts Editor Stephen Murray reports ... more
Trott v Rajoo
WA District Court ... Parents of toddler who drowned awarded $30,000 each in aggravated damages ... Neighbour claimed son was conditioned before drowning ... Accusations of snooping and intimidation ... Judge: "difficult to comprehend a more serious allegation" ... Publication limited to police officer, school principal ... Courts Editor Stephen Murray reports ... more
Hodgetts v Nine Network Australia Pty Ltd & Ors
Queensland Supreme Court ... Games developer sued Nine, interviewees over "Kyle the con" story ... Seeking $2.5 billion in damages ... Failed to prove story was downloaded and watched within year of action ... Story taken down within year of broadcast ... No evidence of Facebook post ... Unlikely tweet seen after 2014 ... Courts Editor Stephen Murray reports ... more
Tracy Leigh v Bruder Expedition Pty Ltd
Queensland Court of Appeal ... Facebook administrator wins appeal over campervan posts ... Jury improperly instructed ... No Briginshaw direction given on malice question ... Serious allegations made on integrity ... Evidence on losses improperly allowed ... Firm should not be allowed a second go at persuading a jury ... Courts Editor Stephen Murray reports ... more
The Sydney Cosmetic Specialist Clinic & Anor v Hu & Ors
Judge Gibson, NSW District Court ... WeChat defamation case dismissed after numerous repleadings and interlocutors judgments ... Defective particulars ... Identification issues relating to the translation and spelling of the plaintiff's name ... "Lazy" pleadings ... "Tempest in a teacup" ... Bull's roar" ... Janek Drevikovsky reports ... more
Trott v Rajoo
Neighbour claimed son was conditioned before drowning … Accusations of snooping and intimidation … Judge: “difficult to comprehend a more serious allegation” … Publication limited to police officer, school principal … more
Roberts-Smith v Fairfax Media Publications (No. 8)
Federal Court ... Partial public interest immunity claim upheld ... Concern about third parties seeking stay on possible criminal proceedings ... Redacted documents to be provided to respondents ... Parties urged to agree on confidentiality regime ... Courts Editor Stephen Murray reports ... more