Federal Court … Settlement reached between billionaire Roman Abramovich and HarperCollins over Putin book … Follows settlement in proceedings in UK … Statements from HarperCollins, author Catherine Belton, and Abramovich’s spokesperson … Courts Editor Stephen Murray reports … more
Year: 2021
Green v Fairfax Media Publications [No.4]
Technology entrepreneur sued over AFR articles on blockchain start up … Imputations of unethical market manipulation, deceit … Failed defences of justification and honest opinion … Aggravated damages … more
Shane Bazzi v Peter Dutton
Federal Court ... Refugee activist Shane Bazzi to appeal judgment he defamed Defence Minister Peter Dutton ... Dutton sued over "rape apologist" tweet"... Bazzi claims error in finding he conveyed imputation Dutton excuses rape ... Courts Editor Stephen Murray reports ... more
The year in review
The trials and tribulations of 2021 and what lies ahead ... The political tribe gets into the act - with varying degrees of success ... The ABC blazing a trail ... Journalists relying on qualified privilege ... Strange judgments ... Google and the rise of applications for preliminary discovery ... Stephen Murray reports ... more
Around the courts
Federal Court ... Family law firm granted orders for service on Google and application for preliminary discovery over negative reviews ... Puerto Rican banker to stump up $150,000 in security over Nine suit ... Former patient of plastic surgeon given time to provide amended defence ... Courts Editor Stephen Murray reports ... more
Munshizada v R
NSW Court of Criminal Appeal ... Non-publication orders lifted over murder trials ... Argument reporting would prejudice upcoming District Court trial ... Non-publication orders had been in place for nearly five years ... Alternative relief, including contempt, available for lurid reporting ... Courts Editor Stephen Murray reports ... more
Politics and the pulpit
Religious Discrimination Bill ... Context, history and place in anti-discrimination law ... Unintended and intended consequences ... Equality and liberty ... The shield and the sword ... Race and religion ... Bogging down the courts ... Conceptually incoherent legislation ... External affairs power ... Alan Zheng reports ... more
Google LLC v Defteros
High Court of Australia ... Grant of special leave in Google v Defteros ... Threshold question of whether "neutral" hyperlinks are defamatory ... Application of Canadian case Crookes v Newton ... Opportunity for clear statement of law ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Ruling on access to emails between respondents and Roberts-Smith's former colleague ... Legal professional privilege issues ... Question of waiver ... Courts Editor Stephen Murray reports ... more
Turtur v Connor
District Court of South Australia ... Cycling identity awarded $30,000 over Facebook posts ... Claims he did not create Tour Down Under event ... Post visible to figures of influence ... Defence of triviality argued ... Aggravated damages sought ... Courts Editor Stephen Murray reports ... more
Wang v Qin
County Court of Victoria ... Property developer awarded $150,000 over social media posts by ex-lover ... Allegations he was "scum", a "sex scammer" and a "pick-up artist" ... Defences of justification, fair comment, triviality considered ... Aggravated damages sought over threatening visit ... Courts Editor Stephen Murray reports ... more
Defamation law judges’ panel
Panel of leading defamation jurists ... Scrutiny of costs, anti-trolling legislation, defamation law reforms ... Decline in juries ... Serious harm threshold ... Public interest defence ... Courts Editor Stephen Murray reports ... more