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Interlocutory Articles from 2017
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Interlocutory    October 10, 2017  
Denis Wagner & Ors v Harbour Radio & Ors

Queensland’s prominent Wagner family succeed in bid to have defamation proceedings involving 32 publications brought against Alan Jones, 2GB and others tried without a jury … The problem is “more than one about size” says Supreme Court Justice Peter Applegarth ... more

Interlocutory    October 4, 2017  
Ronney Oueik v Luke Foley

Separate proceedings for slander brought against the NSW opposition leader by the former mayor of Auburn are dismissed … What Luke Foley said to a Channel Seven reporter lacks context, the imputations pleaded do not arise and the action is trivial ... more

Interlocutory    October 3, 2017  
Plymouth Brethren (Exclusive Brethren) Christian Church v Fairfax Media Publications Pty Ltd, The Age Company Pty Ltd & Michael Bachelard

NSW Supreme Court Defamation List Judge Lucy McCallum dismisses two sets of proceedings brought against Fairfax and one of its investigative journalists … Self-described “church” the Plymouth Brethren is not identifiable in the article ... more

Interlocutory    September 27, 2017  
Tony Kazal v Fairfax Media Publications Pty Ltd (No 2)

Plaintiffs win the day in two interlocutory rounds … Justice McCallum allows one to call Capilano Honey and its employees “bullies” ... Fairfax Media granted a modest $20,000 security for costs in relation to a high-profile plaintiff who lives overseas ... more

Interlocutory    September 18, 2017  
B1 v B2

Identities anonymised and imputations concealed in defamation proceedings involving a divorced couple, a custody battle and Facebook posts alleging domestic violence … NSW District Court Judge Judith Gibson refers her judgment to the Family Court ... more

Interlocutory    September 15, 2017  
Rabbi Yosef Feldman v The Daily Beast Company LLC

NSW Supreme Court Defamation List Judge Lucy McCallum affirms her bold decision in Bleyer v Google Inc and sets aside another defamation action on the grounds of proportionality … The court “can, and should decline to determine a civil claim on the grounds of disproportionality” ... more

Interlocutory    September 5, 2017  
Jane Doe v Fairfax Media Publications Pty Limited & Michael Bachelard

NSW Supreme Court orders discovery of documents and answers to interrogatories pertaining to the alleged identification of a sexual assault victim by Fairfax Media … Leading investigative journalist is issued with a certificate protecting him from self-incrimination ... more

Interlocutory    September 4, 2017  
Sophie Mirabella v Libby Price & Benalla Newspapers Pty Ltd

Failed Liberal Party candidate for the federal seat of Indi fails to have local paper’s Hore-Lacy imputation struck out … It is a permissible variant of Sophie Mirabella’s imputation that she “physically pushed Cathy McGowan” and should go to the jury ... more

Interlocutory    July 14, 2017  
Christopher Murphy v Nationwide News & Annette Sharp (No 2)

Fallout from the bitter dispute between “celebrity accountant” Anthony Bell and his estranged wife continues in the Federal Court … Bell’s lawyer succeeds in maintaining all his pleaded imputations for a Sunday Telegraph opinion piece and in striking out the defence of contextual truth ... more

Interlocutory    June 27, 2017  
Amy Arman v Nationwide News Limited

“Dole bludger” teenager fails to have defence of consent struck out … Another of Dr Ratna Ghosh’s defamation proceedings dismissed … Man being sued by Capilano Honey referred to pro bono legal assistance … Alleged cult leader’s trial limited to three weeks ... more

Interlocutory    June 15, 2017  
Vexatious litigant's action against 30 defendants dismissed

A man who the NSW Court of Appeal declared a vexatious litigant has defamation proceedings against 30 defendants summarily dismissed … NSW Supreme Court Justice Lucy McCallum characterises his case as “manifestly hopeless” and declares herself “not a Christian” ... more

Interlocutory    May 15, 2017  
David Otto v Gold Coast Publications Pty Ltd & Anor

A recent interlocutory judgment has highlighted the “artificiality” of defamation law treating the same articles published both online and in print as multiple and distinct publications in a converged media environment … Daniel Ahern reports ... more

Interlocutory    April 4, 2017  
George Defteros v Google Inc & Anor

Google Australia has once again had a case against it dismissed on the basis that it is not liable as a publisher … Melbourne criminal lawyer’s defamation action against US parent company Google Inc to continue … Seb Tonkin reports ... more

Interlocutory    March 21, 2017  
Dennis Jensen v Nationwide News & Andrew Burrell

Journalist for The Australian survives strikeout application brought by former Liberal Party candidate Dennis Jensen … Defamation claim and cross-claim set to be hard fought battle in WA Supreme Court … Carmel Galati reports ... more

Interlocutory    February 28, 2017  
Simone Farrow v Nationwide News Pty Ltd

Former Penthouse Pet and convicted drug smuggler loses bid to sue The Daily Telegraph in defamation … NSW District Court Judge Judith Gibson dismisses the application on two grounds – both amount to an abuse of process ... more

Interlocutory    February 10, 2017  
Denis Wagner & Ors v Harbour Radio Pty Ltd & Ors

QLD Supreme Court makes several important rulings in the defamation case brought by Toowoomba businessmen the Wagners against 2GB, Alan Jones, 4BC and journalist Nick Cater … Truth defence to counter the findings of two commissions of inquiry “fundamentally defective” ... more