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Privilege Articles from 2008
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Privilege    December 18, 2008  
Jerry Lee Bennette v Ian Cohen

The correct meaning of “interest” in the common law qualified privilege defence was the main subject of discussion during property developer Jerry Lee Bennette’s appeal against a verdict for Greens MP Ian Cohen. Confusion reigns ... more

Privilege    November 27, 2008  
Brian O'Hara v Cliff Sims

Gold Coast turf wars result in rare victory for statutory qualified privilege under the new Defamation Act 2005. Queensland Supreme Court Justice Richard Chesterman upholds the defence for a letter the jury decided was not defamatory ... more

Privilege    October 24, 2008  
Peer Lindholdt v Peter Hyer

Peer Lindholdt, publisher of Cabbie magazine, loses appeal over his defamatory criticisms of taxi industry supremo Peter Hyer. Calling Hyer a “little Hitler” was not germane to an occasion of qualified privilege, but was published maliciously, says Justice Ruth McColl of the NSW Court of Appeal ... more

Privilege    July 2, 2008  
Cathy Page v Shane McGovern

Full Court of Tasmania overturns a decision that ordered a woman to pay damages to her ex-husband over what she said in a police affidavit. The court affirms that witnesses in court proceedings cannot be sued for defamation ... more

Privilege    June 23, 2008  
Alan Bond v Paul Barry & Channel Seven Brisbane v ACCC

The full bench of the Federal Court upholds the so-called media safe harbour defence in s.65A of the Trade Practices Act 1974 (Cth) in two landmark appeal judgments. Alan Bond loses against Paul Barry and Channel Seven wins against the ACCC ... more

Privilege    May 26, 2008  
Alan Bond & Lesotho Diamond Corporation v Paul Barry & Ors

The so-called “media safe harbour” comes under close scrutiny as the full bench of the Federal Court hears two appeals in relation to section 65A of the Trade Practices Act. Alan Bond pursues his journalistic nemesis, Paul Barry, while Channel Seven attempts to resist the ACCC ... more