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Privilege Articles from 2011
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Privilege    November 22, 2011  
Peter Szanto v Antony Melville

Solicitor’s letter (about another solicitor) sent to solicitors is protected by both forms of qualified privilege. Victorian Supreme Court Justice Stephen Kaye finds no malice in allegations of “deliberate breaches” and “illegality” ... more

Privilege    August 11, 2011  
Amanda Cush & Leslie Boland v Meryl Dillon

The High Court unanimously finds that a workplace rumour about an affair is protected by qualified privilege. However, the matter is remitted to the NSW District Court for a retrial on malice ... more

Privilege    June 23, 2011  
Tolega Pty Ltd v Christine Sandell

Qualified privilege – and Bashford – get another going-over as the SA Supreme Court allows an appeal over a nursing home newsletter outlining the results of investigation into bullying and harassment ... more

Privilege    June 1, 2011  
NSW Journalists' Privilege Bills

Two Journalists’ Privilege Bills are currently before the NSW Parliament. The new Attorney General, Greg Smith’s Bill virtually replicates Liberal Senator George Brandis’ Bill … Green MLC David Shoebridge’s Bill is modelled on the Commonwealth Evidence Act and extends protection to online journalists and bloggers ... more

Privilege    May 9, 2011  
Beverley Beck v Sheba Brener & Ors

The perils of environmental architecture … Defamatory letter posted on Altair apartment block notice board protected by both forms of qualified privilege – NSW District Court Judge Michael Bozic says “there is no question of malice” ... more

Privilege    April 6, 2011  
Melanie Cantwell v Douglas Sinclair

Common law qualified privilege gets another airing in the NSW Supreme Court … Malice a live issue in email defamation action brought as a result of dragon boat racing internal politics … Allegations of prejudice and discrimination ... more

Privilege    March 23, 2011  
Peter Holmes a Court v Tony Papaconstuntinos

A big day for common law qualified privilege in the NSW Court of Appeal as businessman Peter Holmes a Court wins his appeal … The court confirms that a defamatory statement made voluntarily does not automatically negate the defence of qualified privilege ... more