Full court hears appeal over decision to restrain Sue Chrysanthou SC from appearing for Christian Porter in defamation proceedings against ABC ... Bret Walker SC argues error in admission of second affidavit, obligations of confidentiality, misuse of information ... Michael Hodge QC argues no duty of loyalty, instead, duty of confidentiality ... Courts Editor Stephen Murray reports ... more
Year: 2022
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Ben Roberts-Smith commences case in response to respondents' evidence ... Former SAS sergeant Person 5 gives evidence ... Denies using "blooding the rookie" ... Contradicts evidence insurgents were found in tunnel ... Gives evidence two slain men were located outside compound ... Courts Editor Stephen Murray reports ... more
Ten weeks under the gun
Respondents wrap up their case against Ben Roberts-Smith ... Parade of current and former SAS members ... Ex-wife, former lover, and former friend and factotum ... Accounts of killings of unarmed detainees ... Voice given to bloodlust ... Factions formed for and against Roberts-Smith ... Courts Editor Stephen Murray reviews the evidence so far ... more
Domenic Gatto v Australian Broadcasting Corporation & Ors
Mick Gatto loses appeal over ABC online report of alleged threat to police informer, Nicola Gobbo ... Court of Appeal finds misplaced reliance on there being a uniform rule that meaning is to be found at the centre of all potential meanings .... No error found in rejecting imputations ... Courts Editor Stephen Murray reports ... more
The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd; Morrow v Cordell Jigsaw Productions Pty Ltd (No. 13)
Producer Julian Morrow awarded $35,000 in aggravated damages over emails to ABC discovered in commercial dispute with former production partner ... Morrow found ot have engaged in misleading or deceptive conduct and breach of director's duties in failing to advise partner of negotiations over show's re-commissioning ... Courts Editor Stephen Murray reports ... more
Rayney v The State of Western Australia [No 4]
Former Perth barrister Lloyd Rayney fails in appeal to have damages for economic loss recalculated ... Successful in obtaining re-assessment of interest ... Failure to establish causation between defamatory statements and loss of income after Rainey was charged with murder and undertook not to practice ... Courts Editor Stephen Murray reports ... more
The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd; Morrow v Cordell Jigsaw Productions Pty Ltd (No. 13)
Producer Julian Morrow found to have been defamed in emails to ABC management over renewal dispute … Justification defence made out in respect of some but not all emails … more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Former SAS member Person 56 gives evidence ... Tells of feeling threatened to testify for respondents ... Tells of mission in Darwan in September 2012 ... Objects to answering questions about later mission in Fasil ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Interlocutory application over evidence to be given by witnesses for Roberts-Smith ... Respondents: Highly specific but false assertions made by Roberts-Smith and four witnesses ... Error cannot be explained by coincidence or innocent mistake ... Roberts-Smith: "completely baseless"... Courts Editor Stephen Murray reports ... more
Around the courts
Feminist commentator Clementine Ford reaches settlement with Fairfax and Executive Editor Tory Maguire ... Union official reaches agreement with crowdfunding organiser ... Former child care centre operator sues over report of child sexual assault investigation ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Former SAS patrol commander Person 31 gives evidence ... Person 31 says he told Roberts-Smith to "pull your head in" over mock execution during training exercise ... Tells of hearing "blooding" used in different contexts ... "Weak leadership" ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Former SAS soldier Person 10 continues to be cross-examined ... Denies evidence to Court was to justify own "abysmal performance" as recruit ... Denies fabricating account of mock execution ... Courts Editor Stephen Murray reports ... more