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
Year: 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
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
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
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
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
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
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
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
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
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
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