Seminars, interviews & commentary    December 22, 2022

Year in review – 2022

Year in review ... Ben Roberts-Smith, Chelmsford doctors among significant cases ... Politicians beat a path to the Federal Court ... Local councillors join in the action ... High Court weighs in on Google search results ... Statutory law reform ... 2021 reforms take root ... Public interest defences emerge ... On the horizon for 2023 ... Courts Editor Stephen Murray reports ... more

 

Legislation    December 22, 2022

Review of Commonwealth Secrecy Offences

Commonwealth Attorney-General announces review of secrecy offences ... Follows ALRC report on open government and Intelligence and Security Committee's recommendations ... Effect of Espionage and Foreign Interference legislation ... Report by June 30, 2023 ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    December 22, 2022

Lachlan Murdoch v Private Media Pty Ltd & Ors

Federal Court ... Lachlan Murdoch v Crikey ... Murdoch seeks to join two new respondents ... Private Media owner and CEO ... Acknowledgement that joinder and amended statement of claim applications put March 2023 trial dates at risk ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    December 20, 2022

Gill v HarperCollins Publishers Australia Pty Ltd

Federal Court ... Case of Deep Sleep doctor headed for retrial ... Plea of bad reputation in mitigation of damages allowed with amendment to include "as a medical practitioner" ... Removal of otiose phrases ... Justice Bromwich troubled by plea Gill responsible for Herron's failings, but a matter for trial ... Courts Editor Stephen Murray reports ... more

 

Trial reports    December 20, 2022

Gina Edwards v Nine Network Australia Pty Ltd & Ors

Federal Court ... Day 6 and 7 of evidence ... Court hears from former owner, Mark Gillespie ... Evidence about argument over access ... Gillespie follows Gina Edwards' husband to locate Oscar ... Events in park ... Contacts journalist to express concern over imminent broadcast ... Courts Editor Stephen Murray reports ... more

 

Seminars, interviews & commentary    December 19, 2022

Internet defamation reform update

Stage 2 defamation reforms for the internet ... Starting date set for January 1, 2024 ... Exemptions ... "Organic" search results ... Innocent dissemination v Safe Harbour ... Third year review ... Stage 1 still looking for uniformity ... Commentary from Kevin Lynch ... more

 

Serious harm    December 18, 2022

High Quality Jewellers Pty Ltd v Ramaihi (Ruling)

County Court of Victoria … Individual plaintiffs fail to establish serious harm … Proceedings brought over one star Google review … Lack of evidence on extent of publication … No evidence of financial loss … Type of case reforms intended to address … Courts Editor Stephen Murray reports … more

 

Seminars, interviews & commentary    December 18, 2022

Sandy Dawson SC – a personal reflection

Fond memories of mentoring Sandy Dawson in the 1990s ... Friendship ... Cars ... Clothes ... Leadership and compassion demonstrated in two significant defamation cases ... Patrick George pays tribute ... more

 

Litigation    December 15, 2022

Hoser v Herald and Weekly Times (Ruling)

Victorian County Court … Herald and Weekly Times and court reporter granted summary judgment … Issue of valid concerns notices … Proceedings commenced before request for further particulars made … Serious harm not properly particularised … Discretion to grant leave on “just and reasonable” grounds considered … Courts Editor Stephen Murray reports … more

 

Trial reports    December 15, 2022

Gina Edwards v Nine Network Australia Pty Ltd & Ors

Federal Court ... Fourth day of evidence ... Gina Edwards continues to give evidence ... Edwards weeps as she gives evidence of mounting toll of broadcasts and articles ... Social media backlash ... Cross examination begins ... Courts Editor Stephen Murray reports ... more

 

Damages    December 14, 2022

Doak v Birks

NSW District Court ... Over $283,000 awarded over Facebook posts and comments ... Posts followed incident where child fell off bucking bull ... Liable for comments on Voller principles ... Plaintiff shunned and lost contracts ... Aggravated and special damages ... Courts Editor Stephen Murray reports ... more

 

Trial reports    December 14, 2022

Gina Edwards v Nine Network Australia Pty Ltd & Ors

Federal Court ... Third day of evidence ... Court hears from barrister Gina Edwards and husband, Ken Flavell ... Dispute over access leads to legal advice ... Family law barrister advises contrivance to obtain possession before initiating court process ... Courts Editor Stephen Murray reports ... more