Full Court of the Federal Court ... Seven Network and courts reporter Leonie Ryan succeed in appeal ... Appealed award of nearly $38,000 to Sydney man over reports he had spat in direction of a rape complainant outside court ... Error found in rejection of substantial truth defence for Facebook post ... Cross appeal on contextual truth defence rejected ... Courts Editor Stephen Murray reports ... more
Year: 2024
Ivory v Howard
Drag racing enthusiast defamed in three Facebook posts … Allegations of criminal conduct including stalking and drug taking … Default judgment after respondent failed to appear … Aggravated by failing to take down posts and subsequent posts … more
Ivory v Howard
Federal Court of Australia ... Drag racing enthusiast awarded $75,000 in aggravated damages ... Sued over Facebook posts ... Allegations of serious criminal activity, stalking, drug taking ... Default judgment after respondent failed to appear ... Courts Editor Stephen Murray reports ... more
Carter v Blanco
Supreme Court of Western Australia ... Port Hedland mayor succeeds in striking out aspects of his predecessor's defence ... Defendant sought to plead alternative imputations as part of a Hore-Lacy defence ... Alternative imputations struck out ... Liberty to replead ... Qualified privilege defences to be repleaded ... Courts Editor Stephen Murray reports ... more
Around the courts
Federal Court ... Mark Latham obtains consent orders over notices to produce issued to Alex Greenwich ahead of costs hearing ... Federal Court ... Senator Pauline Hanson fails in bid to pay half of Senator Mehreen Faruqi's costs in racial vilification action ... Supreme Court of Western Australia ... Animal rights activists fight off bid for indemnity costs ... Courts Editor Stephen Murray reports ... more
Khan v Uddin
Federal Court of Australia ... Former ALP candidate awarded $250,000 in damages over anonymous dirt sheet circulated to party figures and journalists ... Follows default judgment after respondent evaded service and did not participate in proceedings ... Damages subject of referee report ... Courts Editor Stephen Murray reports ... more
Khan v Uddin
Former ALP candidate for Victorian Legislative Council sued over dirt sheet circulated to party figures and media … Default judgment after respondent failed to take part in proceedings … Email account to distribute publication tracked down to USA … more
The current state of suppression and NPOs
The current state of suppression and non-publication orders in Australia... The top five developments ... Standout contribution from the Wynnum Magistrates Court ... Overall trend sees a decrease in orders for 2024 ... Media in Victoria receiving advance notice of applications ... Solid open justice arguments found in the South Australian "sex-pest barrister" judgment ... Gina McWilliams reports ... more
Vale Tom Hughes AO KC: 1923 – 2024
Tom Hughes AO KC dies, aged 101 ... Distinguished career in law and politics ... A "lion" of the Sydney Bar ... Renowned for work in defamation ... Law texts still cover a range of his cases up to the Privy Council ... Renowned as an advocate ... Courts Editor Stephen Murray reflects ... more
Mannoun v Ristevski
District Court of NSW … Liverpool mayor has action against former accountant over Facebook comment dismissed … Allegations mayor was a “crim”, a “grub” and inflated the value of a business before selling it to a charity … Failed to establish serious harm … Limited readership of “shenanigans” page confined to those with a duty to monitor it or already had a poor view of the mayor … Courts Editor Stephen Murray reports … more
Pauline Hanson v Lidia Thorpe and Nine Network Australia
Legal letters from Senator Pauline Hanson’s lawyers to Senator Lidia Thorpe and the Nine Network … Followed Today interview in which Thorpe referred to Hanson as a “convicted racist” … Hanson sought withdrawal and apology … Nine Network posts clarification … Courts Editor Stephen Murray reports … more
Around the courts
Federal Court of Australia ... Senator Pauline Hanson lodges appeal over ruling that she breached s.18C of the Racial Discrimination Act in tweet directed at Greens Senator Mehreen Faruqi ... District Court of Queensland ... Fairfax Digital obtains jury verdict in action brought by property developer ... Courts Editor Stephen Murray reports ... more