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
Year: 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
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Roberts-Smith trial scheduled to recommence on February 2 ... Respondents sought resumption date of February 14 ... Roberts-Smith sought January 31 ... Courts Editor Stephen Murray reports ... more
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
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
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
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Roberts-Smith seeks full and unredacted communications over the decision to call fellow trooper to give evidence ... Argues legal professional privilege has been waived ... Respondents say affidavit records decision, not the basis for it ... Courts Editor Stephen Murray reports ... more
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
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
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
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Report prepared by journalist Ross Coulthart on rumours and allegations circulating around Roberts-Smith protected by legal professional privilege ... Emails including draft media releases also protected ... Courts Editor Stephen Murray reports ... more
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