Imputations    August 7, 2022

Peter David Schiff v Nine Network Australia & Ors

Federal Court ... Court hears argument on separate question of meaning ... American banker and financial commentator Peter Schiff suing Nine Network and journalists over 60 Minutes broadcast and accompanying Age article ... Argument over suspicion and guilt ... Courts Editor Stephen Murray reports ... more

 

Dossier    August 3, 2022

Around the courts

Extension of time granted in defamation proceedings ... Delay caused by adherence to Harman undertaking ... Settlement reached over coverage of harness racing horses vendor ... Appeal over decision to strike out confusing statement of claim rejected ... Courts Editor Stephen Murray reports ... more

 

Damages    August 2, 2022

Palmer v McGowan (No. 5)

Federal Court ... Mining magnate Clive Palmer awarded $5,000 and Western Australian Premier Mark McGowan awarded $20,000 in cross claim ... Justice Michael Lee: "The game is not worth the candle" ... Judicial resources tied up when other real disputes await ... Lange defence considered ... More than nominal damages for Palmer ... Courts Editor Stephen Murray reports ... more

 

Appeals    July 27, 2022

John Gill v HarperCollins Publishers Australia & Anor

HarperCollins Australia and ABC correspondent Steve Cannane seeking special leave to appeal to High Court over Deep Sleep case ... Seeking to appeal decision of Full Federal Court ... Grounds include challenge to ruling on Royal Commission evidence and determination of qualified privilege defence ... Case management hearing for retrial ... Courts Editor Stephen Murray reports ... more

 

Trial reports    July 27, 2022

Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press

Federal Court ... Closing submissions wrap up in Ben Roberts-Smith trial ... Arthur Moses SC makes submissions on allegations Roberts-Smith sought to suborn and intimidate witnesses ... Nicholas Owens SC makes submissions in reply .. Points to inappropriate borrowings from criminal law ... Addresses lacuna arguments ... Decision reserved ... Courts Editor Stephen Murray reports ... more

 


Trial reports    July 25, 2022

Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press

Federal Court ... Roberts-Smith's counsel Arthur Moses SC continues submissions on justification case ... Account of elderly man being executed in tunnel courtyard implausible with hive of activity ... Submissions on Darwan mission in 2012 ... Submissions on Chenartu mission ... Submissions on Faisal ... Courts Editor Stephen Murray reports ... more

 


Trial reports    July 21, 2022

Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press

Federal Court ... Nicholas Owens SC concludes open court submissions on truth defence for respondents ... Asks court to reject "outmoded and outdated and discredited" attitudes to domestic violence ... Addresses court on bullying allegations ... Alleged assault of Person 17 ... Credit issues ... Lyndelle Barnett addresses court on meaning and damages ... Courts Editor Stephen Murray reports ... more

 

Trial reports    July 20, 2022

Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press

Federal Court ... Nicholas Owens SC continues closing submissions for third day ... Tells court "consciousness of guilt" can be inferred from false evidence on removal of Afghan officer ... Submissions on Chenartu mission involving execution of detainee by partner force soldier ... Submissions on Faisal mission involving execution of adolescent ... Courts Editor Stephen Murray reports ... more