Federal Court ... Former bookmaker sues over 2019 A Current Affair story ... Hearing on extension of time ... Walkley Award withdrawn in wake of Nine settlement with former MP ... NSW District Court ... Design practitioner resists challenge on serious harm element in concerns notice ... Courts Editor Stephen Murray reports ... more
Year: 2022
Wellington v Metcalf
Victorian County Court ... Shire councillor awarded $100,000 in aggravated damages from election rival ... Followed planning dispute over helicopter landing site ... Facebook posts during election campaign ... Failed defences of truth, statutory, common law and Lange qualified privilege ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Secretary of Defence
Administrative Appeals Tribunal ... Ben Roberts-Smith seeks access to diary entries for Assistant Inspector-General of the Australian Defence Force, Justice Paul Brereton ... Seeking review of decision of FOI Commissioner ... Confidentiality for submissions sought ... Courts Editor Stephen Murray reports ... more
Wellington v Metcalf
Surf Coast Shire councillor sued election rival over seven Facebook posts … Multiple imputations .. Followed dispute over helicopter site planning approval … Failed defences of truth, statutory and common law qualified privilege … more
John Gill v HarperCollins Publishers Australia & Steve Cannane
Chelmsford Deep Sleep doctor case ... High Court to hear special leave application from HarperCollins and Steve Cannane in February ... Grounds include error in rejection of Royal Commission evidence and rejection of statutory qualified privilege defence ... Interlocutory skirmishing ahead of retrial ... Courts Editor Stephen Murray reports ... more
Gatto v Australian Broadcasting Corporation
Melbourne identity unsuccessfully sought special leave to appeal ... The single meaning rule ... Determination of defamatory meanings ... Finding upheld that imputations did not arise ... Important issues unresolved ... Graham Hryce comments ... more
Albanese Government’s priorities for media policy reform
Minister for Communications Michelle Rowland addresses forum of media industry professionals ... Evidence needed to guide any intervention in media diversity and enhanced local provision of news ... ACMA to consult on measures of media diversity ... Other reform priorities ... Courts Editor Stephen Murray reports ... more
Mulholland v Langdon
Victorian County Court ... Mother and son running for council election win $55,000 and $25,000 in damages ... Leaflet distributed ahead of election ... Jury found imputations conveyed ... Palmer v McGowan considered ... Distinguished in respect of local council candidates ... Courts Editor Stephen Murray reports ... more
Tawhidi v Awad; Awad v Tawhidi
Victorian Supreme Court ... Adelaide-based Imam ordered to pay $20,000 to Melbourne lawyer and migration agent ... Bitter dispute arose after Imam's evidence to Senate committee ... Imam unsuccessful in claim against lawyer ... Courts Editor Stephen Murray reports ... more
Around the courts
Western Australian Supreme Court ... Former Quintis director obtains access to legal advice said to be behind communication to ASIC ... No restraints beyond implied undertaking obligations ... Victorian County Court ... Preliminary hearing on serious harm element to proceed ... Jeweller suing over negative Google review ... Distinguished from Wilks v Qu ... Courts Editor Stephen Murray reports ... more
Mulholland v Langdon
Council candidates found by jury to have been defamed by a leaflet published by a rival candidate … Grapevine effect within Liberal Party … Aggravated damages … Palmer v McGowan on rough and tumble of politics considered and distinguished … more
Randell v McLachlain
NSW District Court … Proceedings brought by school principal summarily dismissed … Failure to provide adequate particulars of serious harm in concerns notice and statement of claim … Failure to provide particulars of downloading … Courts Editor Stephen Murray reports … more