Seminars, interviews & commentary    May 2, 2022

The Chelmsford defamation debacle

Chelmsford case gives the law a bad name ... Appeal upheld ... Errors at trial ... Unpalatable outcome ... Reasonableness proves elusive ... Back it goes ... Lessons to be learned ... Comment from Graham Hryce ... more

 

Appeals    April 30, 2022

Herron v HarperCollins Publishers Australia Pty Ltd

Chelmsford Deep Sleep doctor wins appeal over Scientology book ... Contested imputations ... Admissibility of Royal Commission evidence ... "Dead Experts" evidence ... Qualified privilege defence nixed ... Retrial foreshadowed ... Courts Editor Stephen Murray reports ... more

 


Legislation    April 28, 2022

NSW: tripwires for public interest disclosure

New South Wales ... Limited amendments to Public Interest Disclosure legislation ... Wider category of "public officials" ... New remedies ... Government ignores key recommendation ... High threshold retained for protection of disclosures to journalists ... Reputation and confidentiality ... Max Shanahan reporting ... more

 


Damages table    April 28, 2022

Colagrande v Kim

Cosmetic surgeon awarded $420,000 in damages and $31,511.29 in special damages … Competitor posted fake review on “RateMDs” website posing as patient who had falsely accused surgeon of sexual assault … Infliction of profound new trauma … Joint tortfeasors … Malicious intent … Aggravating circumstances … Permanent injunction … Margery Ai reports … more

 

Damages    April 28, 2022

Colagrande v Kim 

Cosmetic surgeon awarded $420,000 in damages and $31,511.29 in special damages … Competitor posted fake review on "RateMDs" website posing as patient who had falsely accused surgeon of sexual assault … Infliction of profound new trauma … Joint tortfeasors … Malicious intent … Aggravating circumstances … Permanent injunction ... Margery Ai reports ... more

 


Trial reports    April 26, 2022

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

Ben Roberts-Smith's former patrol commander continues in cross-examination ... Denies unlawful killings borne out of frustration at Afghan judicial system ... Question on detail of Whiskey 108 mission ... Court hears Seven Network asked Kerry Stokes private company to assume responsibility for legal costs ... Courts Editor Stephen Murray reports ... more

 


Trial reports    April 21, 2022

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

Cross examination of Roberts-Smith's patrol commander in 2009 and 2010, Person 5 ... Person 5 reveals allegations of other murders, including two rookies blooded ... Disappointed at SAS members going to media ... Wants them publicly discredited and sacked ... Legal fees picked up by Seven Network ... Courts Editor Stephen Murray reports ... more