NSW District Court ... Court considers whether defamation jury trial have had their day ... Still an option for parties, and suitable for determining meanings, especially in social media cases ... Queensland Court of Appeal ... Bankrupt estate fails to secure indemnity costs for trial after winning appeal ... Calderbank offer withdrawn days before expiration ... Courts Editor Stephen Murray reports ... more
Year: 2024
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Full Court of the Federal Court ... Fifth day of hearing in appeal brought by Ben Roberts-Smith ... Follows closed court submissions ... Nicholas Owens SC commences submissions ... Not like a "detective novel" ... Evidence from Roberts-Smith and his camp limits hypotheses available to trial judge ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Full Court of the Federal Court ... Third day of submissions in Ben Roberts-Smith's appeal against dismissal of defamation claim ... Bret Walker SC points to inconsistencies in evidence of Afghan villagers over Ali Jan slaying ... Addresses finding of murder in respect of Chenartu mission ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Full Court of the Federal Court ... Second day of submissions in appeal brought by Ben Roberts-Smith over dismissal of his defamation claim ... Bret Walker SC tells court Afghan witnesses were unreliable ... Submits that "blooding the rookie" could refer to a lawful killing ... Seeks to distinguish use of "throwdowns" ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Full Federal Court ... First day of submissions in appeal over dismissal of Ben Roberts-Smith's defamation action ... Bret Walker SC opens case ... Addresses findings of murder at Whiskey 108 in 2009 ... Claims insufficient regard had to contemporaneous records, failure at time to report war crimes ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten Pty Limited & Anor
Federal Court ... Submissions in reply released in proceedings brought by Bruce Lehrmann against Network Ten and Lisa Wilkinson ... Lehrmann rejects submissions he should receive only nominal damages if it is established sexual intercourse with Brittany Higgins took place ... Network Ten submits attack on integrity of witness disqualifies Lehrmann from entitlement to damages ... Courts Editor Stephen Murray reports ... more
Around the courts
NSW District Court ... Coonamble Shire mayor has defamation claim dismissed ... Concerns notice failed to particularise serious harm - NSW Court of Appeal ... Court rejects bid to re-open decision refusing leave to appeal District Court decision ... Courts Editor Stephen Murray reports ... more
Courtney v Maguire; Maguire v Courtney
County Court of Victoria ... Retired businessman awarded $125,000 in aggravated damages ... Sued over Facebook posts made after he was critical of anti-brumby culling legal strategy ... Jury rejects counter-claim ... Claims of links to organised crime figures grounds for aggravation ... Courts Editor Stephen Murray reports ... more
Moira Deeming v John Pesutto
Federal Court ... First case management hearing ... Former Liberal MP Moira Deeming fails in bid to have separate trial on meaning ..Suing Victorian Liberal Leader John Pesutto over statements made in wake of controversial rally ... Two week trial slated for September ... Courts Editor Stephen Murray reports ... more
Fong-Jones v Flow Chemical Pty Ltd
Supreme Court of Victoria ... Online activist and advocate for transgender rights awarded $445,000 in aggravated damages ... Sued Queensland host of notorious online forum Kiwi Farms ... No appearance by defendants ... Courts Editor Stephen Murray reports ... more
Saxena v Singh & Ors
Melbourne doctor sued over one star reviews on Google MyBusiness page … Defamed by imputations he was incompetent and unfeeling … Defences of justification, triviality, honest opinion, fair comment, qualified privilege rejected … more
Bruce Lehrmann v Network Ten Pty Limited & Anor
Federal Court ... Written closing submissions from parties in Lehrmann proceedings are released ... Counsel for Lehrmann claim he is entitled to substantial damages even if sexual intercourse established ... Counsel for Network Ten submit denials of sexual intercourse amounts to "wicked" conduct ... Counsel for Lisa Wilkinson submit absence of consent or recklessness ... Courts Editor Stephen Murray reports ... more