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Interlocutory Articles from 2014
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Interlocutory    November 25, 2014  
Mohammed Rezaiee v Australian Broadcasting Corporation (No 2)

A win for the media, and a loss … NSW Supreme Court Justice Lucy McCallum upholds the public interest in respect of footage secretly filmed by the ABC … And pulls the “contextual truth rug” from underneath Channel Nine’s feet … Kate Lilly reports ... more

Interlocutory    October 31, 2014  
Kay Freeburn v The Cake decorators Association of NSW Inc & Ors (No 2)

NSW District Court Judge Judith Gibson dismisses another defamation action on the basis of the principle of proportionality articulated by NSW Supreme Court Justice Lucy McCallum … Cake decorators’ “vendetta” ends with apology ... more

Interlocutory    September 18, 2014  
Dr Ratna Ghosh v TCN Channel Nine Pty Ltd (No 4)

NSW District Court Defamation List Judge Judith Gibson applies the principle of proportionality (Jameel) to dismiss the remainder of 54 claims commenced against Channel Nine and others by a Newcastle doctor … Rebecca Gall reports ... more

Interlocutory    September 9, 2014  
Mohammad Medhi Rezaiee v Australian Broadcasting Corporation

The NSW Supreme Court’s Defamation List judge orders an alleged people smuggler to answer questions about his own travel by boat to Australia … And strikes out all of Fairfax Media’s contextual truth imputations in respect of former Leighton’s boss Wal King because they are “impermissibly imprecise” ... more

Interlocutory    August 15, 2014  
Roland Bleyer v Google Inc

NSW Supreme Court Justice Lucy McCallum applies Jameel and finds “disproportionality a species of abuse of process” ... Defamation proceedings brought by an alleged fraudster over Google search engine results published to three people are permanently stayed ... more

Interlocutory    June 13, 2014  
Stephen Dank v Paul Whittaker (No 4)

NSW Supreme Court Justice Lucy McCallum consolidates six separate actions brought by disgraced sports scientist Stephen Dank into three … Broadcaster Alan Jones loses a round in long-running racial vilification feud with Keysar Trad … Rico Jedrzejczyk reports ... more

Interlocutory    May 5, 2014  
Lloyd Rayney v The State of WA

The State of WA and publisher Pan Macmillan fail to have defamation actions brought by a Perth barrister who was acquitted of murdering his wife, struck out ... more

Interlocutory    April 17, 2014  
Danny Saad v Nationwide News Pty Ltd

Self-represented plaintiff’s defamation action dismissed by judge whose brother (also a judge) the plaintiff (may have) threatened to kill … Palace Films principals, Fairfax Media and movie website Screen Hub directed to mediation after two contextual truth imputations are struck out ... more

Interlocutory    March 17, 2014  
John Setka v Tony Abbott & Anor

Three interlocutory decisions involving the defence of contextual truth – one in Victoria and two in NSW – deliver interesting results … Rico Jedrzejczyk reports ... more

Interlocutory    February 20, 2014  
Pat O'Shane v Harbour Radio Pty Ltd and Alan Jones

NSW Judicial Commission ordered to provide information about complaints it received in relation to former magistrate Pat O’Shane … Original subpoena narrowed in another interlocutory wrangle with Harbour Radio and Alan Jones ... more

Interlocutory    February 7, 2014  
Susan Roberts-Smith v Michael Crawshaw

The antiquated law of spousal privilege rears its head in an interlocutory defamation judgment as former Anglican community school employees do defamation battle in the WA Supreme Court … Carmel Galati reports ... more

Interlocutory    January 23, 2014  
Derick Sands v The State of South Australia

One-time murder suspect fails in his bid to compel SA police to produce evidence of alleged revisions to a key witness statement tendered during his (unsuccessful) defamation trial ... more