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Interlocutory Articles from 2017
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Interlocutory    December 10, 2017  
Khalil Khalil v Fairfax Media Publications Pty Ltd

Pleading “weasel words”, the identification of an individual via company names and consideration of whether “liking” someone on Facebook amounts to liability for a defamatory publication feature in three interlocutory decisions from NSW … Nick Bonyhady reports

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Interlocutory    December 1, 2017  
Tariq Alsaifi v Trinity Mirror plc & Board of Directors, and the Secretary of State for Education

Attempt to re-litigate a failed defamation claim over the same material is dismissed as an abuse of process – but not of the Jameel variety … Media Lawyer’s Mike Dodd reports on an interesting decision from one of the UK High Court’s newest (and youngest) judges, Matthew Nicklin ... more

Interlocutory    November 27, 2017  
Defamation claim against Westpac employee an abuse of process

NSW District Court dismisses defamation claim against Westpac employee over a letter sent to the Financial Ombudsman Service … The action was an abuse of process and motivated by an improper purpose … Nicholas Bonyhady reports ... more

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