Costs    February 26, 2023

Hoser v Herald and Weekly Times Pty Ltd & Anor (Ruling as to Costs)

County Court of Victoria ... Snake catcher Raymond Hoser to pay costs of Herald and Weekly Times and crime reporter on indemnity basis ... Two offers to settle were made ... Second offer offered an article and $10,000 to settle ... Unreasonable to reject offer ... Courts Editor Stephen Murray reports ... more

 

Litigation    February 26, 2023

Tegan George v Network Ten

Federal Court … Ten reporter Tegan George files amended statement of claim in Fair Work action … Alleges Ten permitted a “sexually hostile, demeaning and oppressive” culture in Canberra bureau … Allegations against political editor Peter van Onselen and Ten’s Executive Editor … Courts Editor Stephen Murray reports … more

 

Costs    February 22, 2023

Burston v Hanson (No 2)

Federal Court ... Pauline Hanson to pay costs of former colleague Brian Burston on party/party basis ... No reason to depart from ordinary rule of costs following event ... No grounds to find disentitling conduct ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    February 21, 2023

Murdoch v Private Media Pty Ltd (No. 4)

Federal Court ... Publication of reasons for permitting Lachlan Murdoch to amend statement of claim and join new parties ... Amendments permitted to allow real matters of controversy to be determined ... Should be permitted to correct any forensic error ... Courts Editor Stephen Murray reports ... more

 

Journalism    February 20, 2023

Journalists’ jamboree

Media Roundtable ... Attorney General's press freedom gathering in Canberra ... What's likely to be discussed ... What should be discussed ... Reporting that seeks to break free from the yoke of "national security" ... Open society inhibited by a range of forces ... Richard Ackland reports ... more

 

Dossier    February 19, 2023

Around the courts

Queensland District Court: Brisbane lawyer to pay neighbour's costs after proceedings dismissed for tardiness ... Queensland District Court: Partial costs to be paid after particulars struck out ... Federal Court: Matron at Deep Sleep hospital dies before evidence can be taken a second time ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    February 19, 2023

Munjed Al Muderis v Nine Network Australia Pty Ltd & Ors

Federal Court ... High profile surgeon sues Nine over Sixty Minutes/SMH/The Age investigation ... Allegations of negligent post-operative care and blinded by profit ... Defences of justification, contextual truth, honest opinion and public interest journalism .. Both sides seek earliest possible hearing ... Courts Editor Stephen Murray reports ... more

 

Appeals    February 19, 2023

HarperCollins Publishers Australia Pty Ltd & Anor v Gill & Ors

High Court of Australia ... Special leave refused to HarperCollins Australia and ABC journalist Steve Cannane ... Sought to appeal Full Court decision overturning victory in Chelmsford case ... Challenge to findings on Royal Commission evidence and qualified privilege ... Courts Editor Stephen Murray reports ... more

 

Litigation    February 16, 2023

Avi Yemini v Royal Melbourne Institute of Technology (RMIT)

County Court of Victoria … Far right activist sues RMIT FactLab over analysis that a video was false … Avi Yemeni pleads imputations that he lacks credibility, and is sloppy and inaccurate … Defences of justification, qualified privilege, public interest journalism … Courts Editor Stephen Murray reports … more

 

Costs    February 15, 2023

Brian Burston v Pauline Hanson

Federal Court ... Former senator Brian Burston's win against Pauline Hanson a "pyrrhic victory", court told ... Hanson seeks orders requiring parties to bear own costs ... Burston's counsel argues revisionism, and that costs should follow the event ... Should "not give a runner up prize for Ms Hanson" ... Courts Editor Stephen Murray reports ... more

 

Media Matters    February 13, 2023

The road ahead

Ashurst’s review of media law developments in 2023 … Defamation reform … Federal Court document access rules … Misinformation and disinformation on digital platforms … Privacy … National cultural policy … From Robert Todd, Imogen Loxton, Nic Perkins, Karen Wang and Lisa Xia … more

 

Injunctions    February 12, 2023

Tolga Kumova v Alan Francis Davison

Federal Court ... Mining investor Tolga Kumova fails in bid to prevent stocks tweeter from ever tweeting about him without leave of court ... Orders restraining @StockSwami tweeting about conduct up to date of order granted ... Indemnity costs of "insufficient and dishonest" discovery awarded ... Courts Editor Stephen Murray reports ... more