NSW District Court … Church leaders suing over claims of satanic powers in Facebook posts … Defendant seeks summary dismissal over serious harms particulars … Sufficient particulars … Defendant says demonic possession outlandish in 21st century … No basis for assertion … Courts Editor Stephen Murray reports … more
Year: 2022
Tawhidi v Awad; Awad v Tawhidi
Cross claims by Imam Mohamad Tawhidi and Moustafa Awad … Tawhidi found to have defamed Awad in social media post linking him to ISIS … Aggravated damages … Awad succeeds on honest opinion defence … more
Southey v Australian Press Council
NSW Civil and Administrative Tribunal ... Australian Press Council has partial win in summary dismissal application ... Concerns discrimination complaints on basis of being transgender in handling of complaints ... Complainant not vexatious but one set of proceedings misconceived ... Separate complaint allowed to continue ... Courts Editor Stephen Murray reports ... more
Pauline Hanson v Brian Burston
Federal Court ... One Nation Senator Pauline Hanson appeals $250,000 award to former colleague, Brian Burston ... Submits error in not finding imputations of sexual abuse and assault without provocation to be justified ... Award excessive and should have been mitigated by Burston's conduct ... Courts Editor Stephen Murray reports ... more
Rayney v Reynolds (No. 4)
Western Australia Supreme Court ... Former barrister Lloyd Rayney awarded $350,000 in damages and $88,400 in interest ... Found to have been defamed at forensics seminar ... Investigator said no need for cold case review as offender was identified ... Aggravated damages ... No discount for award in separate proceedings ... Courts Editor Stephen Murray reports ... more
Rayney v Reynolds (No. 4)
Former barrister Lloyd Rayney defamed by forensic investigator at seminar … No need for cold case review as offender identified … Aggravated by conduct at seminar and avoiding summon … Little discount for award in separate proceedings … more
Jock Given
Leading media and communications scholar takes on the big questions of the moment ... The latest round of defamation law amendments ... Tech platforms and their liability ...Innovations in media school ... Job hunting for graduates ... A royal commission ... A world without newspapers ... A proper mission for the streaming services ... Q & A with Professor Jock Given ... more
Lachlan Murdoch v Private Media Pty Ltd & Ors
Federal Court ... Justice Michael Wigney rules on strike out applications from Lachlan Murdoch and Crikey ... Murdoch sought to strike out particulars of public interest defence and Lange qualified privilege ... Justice Wigney rules defences best left to trial ... Crikey sought to strike out malice plea ... Again matter best left for trial ... Courts Editor Stephen Murray reports ... more
Burston v Hanson
Federal Court ... Former One Nation senator Brian Burston awarded $250,000 ... Found to have been defamed by former colleague Pauline Hanson in Today show interview ... Imputations of sexual abuse and assault without provocation found conveyed ... Burston found to have sexually harassed staff ... Courts Editor Stephen Murray reports ... more
Burston v Hanson
Former One Nation senator Brian Burston defamed by one time party leader Pauline Hanson … Imputations of sexual abuse and assault without provocation … Findings he sexually harassed staffers … more
Martin v Najem
NSW District Court ... Food blogger awarded $300,000 in aggravated damages ... Labelled a paedophile and a racist in Instagram stories ... Serious harm element ... Effect of amendments on cap on damages ... Power of District Court to grant permanent injunctions ... Courts Editor Stephen Murray reports ... more
Martin v Najem
Food blogger sued over Instagram posts labelling him a paedophile and a racist … Serious harm established … Cap on damages considered … Permanent injunctions granted … more