Costs    December 8, 2021

Peter Dutton v Shane Bazzi

Federal Court ... Argument over costs in Dutton v Bazzi ... Dutton seeks indemnity costs over offers ... Bazzi seeks reduction in costs for incomplete success and application of Rule 40.08 ... Courts Editor Stephen Murray reports ... more

 

Damages table    December 3, 2021

Wang v Qin

Property developer sues former lover over Chinese language social media posts … Imputations that Wang is immoral, a scammer, sexual predator … Defences of justification, fair comment, triviality rejected … Aggravated damages from post-publication conduct … more

 


Legislation    December 2, 2021

Bye-bye Voller

What's under the bonnet of the Social Media (Anti-Trolling) Bill, 2021? ... Flawed complaints scheme for defamatory social media commentary ... The whims of tech platforms remain untrammelled ... Clunky pathway to discovery ... Shifting liability to third-parties ... From Alex Tharby and Tracy Cole  ... more

 

Seminars, interviews & commentary    December 2, 2021

Nick McKenzie

Investigative journalist Nick McKenzie answers questions from the Gazette ... Informants and their reliability ... Working with defamation lawyers ... Defending journalism in court ... Disinclination to roll-over ... Complexity and the Federal Court ... Optimism about journalism and its future ... more

 

Dossier    November 30, 2021

Around the courts

Federal Court ... Court lifts suppression order over originating documents ... Interest in open justice ... Court rejects confidentiality undertakings requested by Google ... Jordan Shanks to give evidence for Google ... Courts Editor Stephen Murray reports ... more

 


Damages table    November 24, 2021

Dutton v Bazzi

Defence Minister found to have been defamed by “rape apologist” tweet … Implied he excused rape … Defences of honest opinion and fair comment fail … Offence and distress but no ongoing harm … more

 

Damages    November 24, 2021

Dutton v Bazzi

Federal Court ... Refugee activist found to have defamed Peter Dutton by "rape apologist" tweet ... Honest opinion and fair comment defences fail ... $35,000 awarded in damages ... Courts Editor Stephen Murray reports ... more

 

Legislation    November 24, 2021

Online Safety Act, 2021

Contentious areas in the new online safety legislation ... Definitions ... Tests ... Scope ... Determination of offensive material ... Trolling-type behaviour ... Psychiatric harms ... Potential to abuse the complaints process ...  Removal notices ... Alan Zheng reports ... more

 


Serious harm    November 20, 2021

Rader v Haines

NSW District Court … Publication of email from plaintiff’s parents-in-law to his parents in England … English law to be applied … Serious harm threshold to be met … Courts Editor Stephen Murray reports … more