Interlocutory/Case-Management    February 13, 2022

Massarani v Kriz

Applicant's original proceedings failed in the District and Appeal courts ... Federal Court to the rescue ... Unsuccessful multi-pronged attempt to strike out a claim against crowdfunder chuffed.org and original defendant ... Original article in Honi Soit ... Janek Drevikovsky reports ... more

 




Appeals    February 8, 2022

Facebook Inc v Australian Information Commissioner

Full Federal Court rejects appeal from Facebook Inc over leave to serve originating process ... Facebook Inc ruled to carry on business in Australia by virtue of data processing agreement with Facebook Ireland, use of cookies and interface for app developers ... Ruled to collect personal information through cookies ... Courts Editor Stephen Murray reports ... more

 


Trial reports    February 7, 2022

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

Second day of cross-examination of SAS sergeant Person 14 ... Says not suggesting weapon he saw carried by Roberts-Smith was the one used to kill Afghan male ... Denies "rookie" had killed before Whiskey 108 mission ... Denies assaulting American female soldier in 2012, says he was assaulted ... Courts Editor Stephen Murray reports ... more

 

Suppression    February 6, 2022

The courts: open and shut

Latest data ... Suppression and no publication orders from 2017 to 2021 ... Prejudice to administration of justice versus open justice ... Five-year trend is up and up ... Victoria's amended Open Courts Act led to more suppression orders ... Data prepared by Gina McWilliams, senior News Corp lawyer ... more

 


Trial reports    February 3, 2022

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

Second day of cross-examination of trooper Person 41 ... Trooper denies inventing account of Roberts-Smith ordering execution to assuage guilt or cover up for cowardice ... Ashamed at drinking from trophy prosthetic leg ... Denies he was concerned over allegations of war crimes on later mission ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    February 3, 2022

Andrew Laming v Nine Network Australia Pty Ltd & Anor

Queensland MP Andrew Laming sues over broadcast alleging lewd conduct in taking photograph ... Succeeds in striking out contextual imputation he is unfit to be an MP ... Nine succeeds in retaining "creep" contextual ... Courts Editor Stephen Murray reports ... more