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Interlocutory Articles from 2015
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Interlocutory    December 7, 2015  
Justine Munsie & Ors v Shane Dowling (No 7)

The defamation action brought by Sydney media lawyer Justine Munsie, her client Seven West Media chair Kerry Stokes, and his son, will go to a final hearing after the plaintiffs succeed in having a persistent blogger’s defence struck out, again … His allegations are “scandalous” ... more

Interlocutory    December 1, 2015  
Fredrick Toben v Nationwide News & Ors

NSW Supreme Court Justice Lucy McCallum permanently stays defamation proceedings brought by alleged Holocaust denier over an article in The Australian ... His action is “a cynical misuse of the process of the court” pursued in order to ventilate his anti-Semitic views ... more

Interlocutory    November 30, 2015  
Moutia Elzahed & Ors v Commonwealth of Australia & Anor

NSW District Court Defamation List Judge Judith Gibson strikes out defamation claim brought against police officers by a family who is also suing for assault, wrongful arrest and false imprisonment … Calling someone a “bitch” is not defamatory ... more

Interlocutory    September 4, 2015  
Christopher Daniels v State of NSW & Ors

NSW Supreme Court Justice Lucy McCallum applies the principle of proportionality she articulated in Bleyer v Google to refuse further interrogatories…. WA Supreme Court paves the way for NSW Legal Services Commissioner investigation into conduct of the husband of a defendant ... more

Interlocutory    August 27, 2015  
P101 v Cambridge University Press

Third defamation action brought over false allegations – this time in a book which cited Family Court proceedings – is dismissed … NSW Supreme Court Justice Lucy McCallum acknowledges the tension between vindication and transparency and disavows “publicised feminist” tag ... more

Interlocutory    August 20, 2015  
Pamela Tabbaa v Nine Network Australia Pty Ltd

Plenty of action in the NSW District Court as Judge Judith Gibson deals with the question of multiple proceedings over similar allegations filed in two courts, rejects an application to strike out two of Harbour Radio’s defences and strikes out a third poorly pleaded statement of claim ... more

Interlocutory    August 18, 2015  
Dallas Buyers Club LLC and Voltage Pictures LLC v iiNet Limited (No 4)

Australians who illegally downloaded the film Dallas Buyers Club win a damages reprieve after the Federal Court rules some of the film producers’ copyright infringement demands “surreal” ... Rocco Rinaldo reports ... more

Interlocutory    August 12, 2015  
Nader Mohareb v Matt & Annette Palmer

Defamatory community Facebook post results in $15,000 legal costs for Sydney couple after an apology which formed part of a settlement was removed (several times) .. NSW District Court Judge Judith Gibson describes the events as a “comedy of errors” ... more

Interlocutory    July 27, 2015  
Antonio & Benjamin Zeccola v Fairfax Media Publications Pty Ltd

Striking interlocutory action from NSW Supreme Court Defamation List Judge Lucy McCallum … Former film finance boss off the hook … So too the ABC and a NSW barrister … Former Olympic swimmer’s action against Fairfax survives ... more

Interlocutory    July 16, 2015  
Edward Kang v Australian Broadcasting Corporation & Anor

NSW Supreme Court Justice Lucy McCallum strikes again, this time dismissing a defamation action brought against the ABC by migration agent Edward Kang and his company Singapore Oil … more

Interlocutory    June 29, 2015  
Stephen York v Peter Morgan

Paedophilia allegations aplenty … NSW District Court Defamation List Judge Judith Gibson dismisses a tardy action brought by a self-represented litigant … And strikes out the poorly pleaded truth defence for a defamatory Facebook post ... more

Interlocutory    June 28, 2015  
Fairfax Media Publications Pty Ltd v Wallace King

The NSW Court of Appeal reaffirms its previous position on the contextual truth defence and refuses Fairfax leave to appeal two “nebulous” contextual imputations struck out by Justice Lucy McCallum … Rico Jedrzejczyk reports ... more

Interlocutory    June 16, 2015  
David Barrow v The Herald & Weekly Times Pty Ltd

The Melbourne man who sued Andrew Bolt and lost, loses again – this time over an online article about his trial … Victorian Supreme Court Justice Cameron Macaulay grants the Herald & Weekly Times summary judgment, but not on the grounds of fair report ... more

Interlocutory    June 15, 2015  
Tobias Moran v Schwartz Publishing Pty Ltd & Virginia Peters (No 3)

Correctly pleading the defence of fair report and the effect on damages of prior publications feature in an interlocutory judgment by WA Supreme Court Justice Ken Martin … One-time murder suspect wins a round against true crime book publisher ... more

Interlocutory    June 4, 2015  
Barry Harvey v Tanya Henzell & Ors

Family Court dispute ends in defamation action against former partner and her parents … QLD District Court Judge Nick Samios wastes no time striking it out as an abuse of process … Absolute privilege prevails ... more

Interlocutory    May 29, 2015  
George Alex v Australian Broadcasting Corporation & Brian Fitzpatrick

Sydney construction industry figure George Alex has his defamation action against the ABC struck out … No explanation is given for his failure to formally serve a statement of claim ... more

Interlocutory    April 24, 2015  
Jasmin White v Laura Sparkes

Channel Seven journalist off the hook as a defamation case brought solely against her is dismissed for lack of diligence … NSW District Court Defamation List Judge Judith Gibson expounds on the problems of the self-represented litigant ... more

Interlocutory    February 23, 2015  
Time for Monkeys Enterprises Pty Ltd v Southern Cross Austereo Pty Ltd

Another defamation action bites the dust, almost before it starts … NSW District Court Judge Judith Gibson finds the absent plaintiff’s case “hopelessly pleaded” (among other things) and summarily dismisses it ... more

Interlocutory    February 18, 2015  
Justine Munsie v Shane Dowling (No 4)

Sydney media lawyer Justine Munsie and one of her clients, Seven boss Kerry Stokes, succeed in having contemptuous blogger’s amended defence struck out … The NSW Chief Judge at Common Law finds it prejudicial and embarrassing ... more