Federal Court ... Ben Roberts-Smith seeks transcripts of interview from war crimes inquiry ... Wishes to test evidence and credit of justification witnesses ... Inspector-General of ADF claims public interest immunity ... Roberts-Smith says balance favours disclosure ... Courts Editor Stephen Murray reports ... more
Year: 2021
Around the grounds
Attorney-General relases online privacy discussion paper and exposure draft bill ... Social media defamation subject of private member's bill ... Clive Palmer slashes defence to cross claim after High Court loss ... Puerto Rican banker sues Nine over 60 Minutes/The Age tax evasion claims ... Courts Editor Stephen Murray reports ... more
Khoury v Kirwan (No. 6)
Victorian Supreme Court ... Surgeons settle out of court ... Penalties for contempt ... Costs for private prosecution sought on indemnity basis ... "Extraordinarily high claim" ... Courts Editor Stephen Murray reports ... more
Nassif v Seven Network (Operations) Ltd
Federal Court ... Charity founder and developer's wife awarded $100,000 in damages ... Charity awarded $500 in nominal damages ... Economic loss to charity issue considered ... Courts Editor Stephen Murray reports ... more
Gould v Jordan (No. 2)
Federal Court ... Separate questions determined ... ATO Commissioner Chris Jordan found to have defamed tax accountant Vanda Gould ... Defences considered ... Courts Editor Stephen Murray reports ... more
Nassif v Seven Network (Operations) Ltd
Report of charity failing to make payments to disadvantage families … Report followed viral social media post … Defences of contextual truth, public document, honest opinion fail … Issue over whether charity entitled to damages in absence of evidence of economic loss … more
Daniel Lanzer & Anor v Australian Broadcasting Corporation & Ors
Federal Court ... Cosmetic surgeon's bid to restrain ABC from airing 4 Corners' story fails ... Justice John Nicholas found no prima facie case for final relief ... Daniel Lanzer sought to restrain use of material from former employees ... Argued breach of Corporations Act and employment contracts ... Damages adequate remedy ... Courts Editor Stephen Murray reports ... more
Daniel Lanzer & Anor v Australian Broadcasting Corporation & Ors
Federal Court ... High profile cosmetic surgeon seeks restraint on ABC from airing 4 Corners story ... Argues contracts with former employees prevents sharing of confidential information and impairing his reputation ... Anticipates "hatchet job" ... ABC submits impugned video little different from graphic videos shared on social media ... No evidence of inducement to breach contract ... Courts Editor Stephen Murray reports ... more
Andrew Laming v Louise Milligan
Commonwealth Auditor-General says no documented advice to support ABC paying Louise Milligan’s damages and costs in settlement with Andrew Laming … Settlement over tweets sent by Milligan over photograph … Eric Abetz sought Audit Office investigation … ABC MD sought General Counsel’s advice … Business decision to meet costs … Weaknesses in social media policy … Courts Editor Stephen Murray reports … more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Legal professional privilege claimed over report prepared by investigative journalist Ross Coulthart ... Dominant purpose said to be seeking advice ahead of war crimes inquiry and defamation proceedings ... Seven West had interest in indemnification for legal fees, reputation as employer ... Respondents argue for access to the report, saying it was prepared for commercial purpose, and to stress-test Roberts-Smith ... Courts Editor Stephen Murray reports ... more
William Marra Duma v Fairfax Media Publications & Ors
Federal Court ... Closing submissions in Duma v Fairfax & Ors ... Fairfax submits no allegation Minister Duma received a bribe ... AFR readers would suspend judgment ... Allegation would have been made explicitly ... Duma: Concessions from respondents ... Challenges to timeframe of events ... Push for aggravated damages with little mitigation ... Courts Editor Stephen Murray reports ... more
Around the courts
Federal Court ... Former Attorney-General Porter seeks to adduce evidence of brief said to be returned by former Solicitor-General ... Issues of costs and question of principle ... Settlement between China watchers at risk over performance of agreement ... Settlement reached in matter that raised novel argument over tortious liability for harm caused by an unlawful act ... Preliminary discovery allowed in Google review matter ... Courts Editor Stephen Murray reports ... more