Federal Court ... Venture capitalist Elaine Stead awarded $280,000 in ordinary and aggravated damages ... Sued over columns labelling her "feminist cretin" and "venture capital pyromaniac" ... "Targeted campaign of offensive mockery" ... Honest opinion defence failed ... Lack of proper material ... Critical aspects of facts relied on not substantially true ... Stead became focus of "slow death" ... Courts Editor Stephen Murray reports ... more
Year: 2021
Stead v Fairfax Media Publications
Venture capitalist Elaine Stead sued Fairfax, publisher of Australian Financial Review, and columnist Joe Aston … Sued over columns labelling her “feminist cretin” and “venture capital pyromaniac” … “Targeted campaign of offensive mockery” … Honest opinion defence failed … Lack of proper material … Critical aspects of facts relied on not substantially true … Stead became focus of “slow death” … more
From the District Court
NSW District Court ... Sydney man sues over local court report ... Defences of fair summary and fair report ... Reply knocked out ... Lack of proper particulars ... Facebook posters lose challenge ... Voller applied to comments permitted to remain ... Internet slang ... No need for translation ... Pilot sues over mental health, financial well-being claims ... Mere belief in contextual imputations not sufficient ... Boating club sues over governance claims ... Summary dismissal application rejected ... Capacity to affect trading reputation ... Courts Editor Stephen Murray reports ... more
Around the courts
Nationals MP, husband and charity obtain NZ contempt order against conspiracy theorist ... Contempt proceedings follow Federal Court award of $875,000 ... Initially sought jail time ... Satisfied with fine after Facebook closed webpage ... Celebrity chef, Nationwide News settle action ... Apology in The Australian ... Article taken down ... Justice Rares gives reasons for refusal of article tender in Chau Chak Wing trial ... Article mix of reportage and commentary ... Courts Editor Stephen Murray reports ... more
Fresh filings from Melbourne
New cases filed at the end of 2020 in the Victorian County Court and Supreme Court ... Post on Crime Stoppers Facebook page alleging a bodybuilder didn't pay his restaurant bill ... Victorian Labor Party heavyweight sues over Tweet about responsibility for the second Covid wave ... Allegation that hotel security contract was improperly obtained ... James Catlin reports ... more
Dismantling the immunity
Tech platforms aggravated "the steal" ... Trump de-platformed over democratic violations ... Consequences for social media platforms ... White House threat to section 230 Communications Decency Act ... Consistent global approach to "responsible" content ... Patrick George reviews social media's post-Trump world ... more
Remembrance of things past
Before we get too bogged down in 2021 here's a brief recall of the high and lows of last year ... And the leftover and unresolved bits still in need of attention ... Anna Kretowicz digs through the archive ... more
The Australian Press Council v Southey
NSW Civil and Administrative Tribunal Appeal Panel ... Upholds ruling that the Australian Press Council complaints function is a service ... Action under Anti-Discrimination Act ... Transgender rights advocate maintains discrimination in complaint handling ... APC argued service was to its members not public at large ... Appeal Panel rules service can be provided to members and public ... Complaint handling process encompasses outcome ... Courts Editor Stephen Murray reports ... more
Tech companies – give and take
De-platforming a president ... What does it mean for the "public square" ... The law, the policy and the power ... Reasonable points to support the conservative outcry ... Even better points in favour of tech companies restraining an attempted coup d'état ... Michael Douglas presents the "correct opinion" ... more
John Herron & Anor v HarperCollins Publishers Australia Pty Ltd & Anor
Chelmsford doctors appeal over dismissal of claim ... Justice Jagot found Deep Sleep Therapy was dangerous, experimental ... Attempt by doctors to rewrite history ... Doctors claim error in admitting Royal Commission evidence ... Claim journalist Steve Cannane did not act reasonably ... Objection taken to expert witnesses ... Treatment was supported by literature and successful with vast majority of patients ... Objection to findings on reputation ... Courts Editor Stephen Murray reports ... more
Recent filings
Federal Court ... Pair at centre of racism row suing media, social media platforms ... Twenty seven respondents named in filing ... Aggravated damages sought ... Barrister sues over tax evasion claims ... Aggravated damages ... Headline optimised for search engine ... Courts Editor Stephen Murray reports ... more
Around the courts
Dispute over party supplies results in $10,000 damages ... Proportionality, triviality, honest opinion defences rejected ... Alan Jones settles his action against SBS and presenter Alex Lee ... PNG Minister fails in bid to have subpoenas to AFP, oil company set aside ... Relevant to claim for aggravated damages ... Coles Radio claim dismissed as "incomprehensible ... irrational" ... Courts Editor Stephen Murray reports ... more