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Privilege Articles from 2009
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Privilege    August 3, 2009  
West Australian Newspapers Ltd & Ors v Alan Bond

WA Court of Appeal upholds the “newspaper rule” in “a matter of genuine public interest”. The West Australian can keep confidential two audiotapes critical to its defence of a defamation action brought by born-again tycoon Alan Bond ... more

Privilege    July 16, 2009  
Brian O'Hara v Cliff Sims

Gold Coast turf wars, part two. The QLD Court of Appeal upholds the defence of qualified privilege after finding that a jury perversely determined imputations pleaded by a candidate for election were not defamatory ... more

Privilege    May 28, 2009  
Alan Bond v West Australian Newspapers Pty Ltd & Ors

Businessman Alan Bond fails to get access to six mysterious photographs taken by The West Australian in the course of his long-running legal battle with the paper over documents allegedly stolen from one of his two Cottesloe homes ... more

Privilege    March 27, 2009  
Jerry Lee Bennette v Ian Cohen

The NSW Court of Appeal overturns Greens MP Ian Cohen’s victory against Byron Bay property developer Jerry Lee Bennette. The court finds Cohen was not protected by qualified privilege when he called his old adversary a thug and a bully ... more

Privilege    March 19, 2009  
Antoine Bechara v Paul Bonacorso, Michael Lassanah & Aaron Oddie v State of NSW, David Moses & Tangiwai Kawenga v State of NSW

NSW Police call for absolute privilege to be extended to statements made by them and to them, in three defamation actions before the NSW District Court. Defamation List Judge Judith Gibson explains why she’s not inclined to oblige ... more

Privilege    March 9, 2009  
Andrew Fraser v Brett Holmes

NSW Court of Appeal overturns first damages judgment delivered by the NSW Supreme Court under the uniform Defamation Act 2005. It finds Coffs Harbour MP Andrew Fraser was not motivated by malice when he wrote a defamatory letter about Brett Holmes, General Secretary of the NSW Nurses’ Association ... more

Privilege    February 13, 2009  
Paul Aktas v Westpac Banking Corporation

NSW’s Chief Justice at Common Law, Peter McClellan resists “the temptation to generate unnecessary complexity” and finds that the defence of qualified privilege attaches to the defamatory material published, not the defamatory imputations pleaded ... more

Privilege    February 5, 2009  
Andrew Fraser v Brett Holmes

NSW Court of Appeal asked to overturn the first Supreme Court damages judgment delivered in NSW under the new Defamation Act 2005. What constitutes malice, improper motive and recklessness is hotly debated by leading silks Tom Blackburn and Bruce McClintock ... more