Federal Court ... Second day of evidence in cavoodle case ... Court hears from reverend, dog-owning friend and Ken Flavell, husband of barrister Gina Edwards ... Court hears of Flavell and Edwards referred to as "Papi" and "Mommy" to cavoodle ... Court shown footage of A Current Affair reporter approaching Flavell on street ... Courts Editor Stephen Murray reports ... more
Year: 2022
Lennard Bruce Roberts v Australian Broadcasting Corporation & Anor
Federal Court ... Court asked by ABC to hear separate question of meaning in 4 Corners' report ... Savings of cost and time ... Two weeks for public interest defence ... Goodfellow distinguished ... Applicant says estimate "tad excessive" ... If only some of the imputations found conveyed, defences still to be heard ... Courts Editor Stephen Murray reports ... more
Doak v Birks
Supplier of mini-bulls for child rodeo events defamed by Facebook posts and comments … Voller applied … Serious harm considered … Allowance made for no contest … more
Gina Edwards v Nine Network Australia Pty Ltd & Ors
Federal Court ... First day of evidence ... Counsel for barrister Gina Edwards tells Court ACA reporter "bald faced lied" about coincidental encounter in dog park ... Reputation witnesses give evidence ... Barristers, fellow dog owners give accounts ... Courts Editor Stephen Murray reports ... more
Two faces of the “single meaning” rule
Different interpretations applied to the "single meaning" rule ... The High Court recently passed on an opportunity to clarify the contention ... The rule's two faces ... Analysis from Sydney barrister Daniel Ward ... more
Around the courts
NSW District Court ... Vet and nurse ordered to pay costs on indemnity basis after discontinuing their action ... Application to require solicitors pay costs personally had failed ... Federal Court ... ClubsNSW and former money laundering compliance auditor fail in bid to win costs from each other ... Dispute over bad character imputation ... Courts Editor Stephen Murray reports ... more
Gina Edwards v Nine Network Australia Pty Ltd
Federal Court ... Sydney barrister suing Nine over A Current Affair story on "stolen" cavoodle ... Nine permitted to partially amend defence of justification ... Applicant denied leave to administer interrogatories, but permitted to issue subpoenas to truth witnesses about communications with Nine ... Courts Editor Stephen Murray reports ... more
Lachlan Murdoch v Private Media Pty Ltd & Ors
Federal Court ... Continued argument over interrogatories ... Justice Wigney says Murdoch's efforts to establish all of the information to hand before publication is "spectacularly artificial" ... Proposes registrar mediate dispute over discovery ... Counsel for Crikey calls for "breath of fresh air" in administering interrogatories ... Courts Editor Stephen Murray reports ... more
Heston Russell v Australian Broadcasting Corporation
Federal Court ... Former commando Heston Russell suing ABC over reports of war crimes in Afghanistan ... Separate question of meaning ... Russell only commando identified in reporting ... Decision reserved ... Courts Editor Stephen Murray reports ... more
Lachlan Murdoch v Private Media Pty Ltd & Ors
Federal Court ... Lachlan Murdoch v Crikey ... Court told of marketing strategy ahead of reposting article ... Dispute over extensive interrogatories ... Expert evidence foreshadowed ... Early mediation sought ... Courts Editor Stephen Murray reports ... more
Lennard Bruce Roberts v Australian Broadcasting Corporation & Anor
Federal Court … ABC to plead public interest defence to action brought by former Aboriginal Land Council CEO … 4 Corners story on Obeid family’s secret property deals … Len Roberts claims he is portrayed as corrupt and doing the Obeids bidding … ABC denies imputations conveyed … Honest opinion also pleaded … Courts Editor Stephen Murray reports … more
Sandy Dawson SC (1972 – 2022)
Tributes to Sandy Dawson SC following his death at age 50 ... Statements from Bar Association, NSW Chief Justice, colleagues at Banco Chambers ... Remembered as a talented and industrious leader ... Loss to the Bar, the law and family ... Courts Editor Stephen Murray reflects ... more