Nine Network rushes 60 Minutes story on plastic surgery clinic to air after prevailing on preliminary discovery attempt ... Court of Appeal rules that preliminary discovery not available against a person who is already a defendant in proceedings brought by the applicant ... Justice Rothman rules applicants had already decided to seek relief ... Courts Editor Stephen Murray reports ... more
Category: Appeals
Tucker v McKee
Former SRO officer wins Full Court appeal over federal jurisdiction for defamation claim ... Action over email initiating disciplinary process ... Enterprise agreement made under Fair Work Act ... Attracts Federal jurisdiction ... Action not colourable ... Courts Editor Stephen Murray reports ... more
Raghubir v Nicolopoulos
Former neighbours lose appeal in Full Federal Court ... Dispute over barking dog ... Letters allegedly sent to police, council, real estate agents ... Justice Rares rejected claim for want of jurisdiction ... Full Court finds no error ... Courts Editor Stephen Murray reports ... more
John Herron & John Gill v HarperCollins Publishers Australia Pty Ltd & Steve Cannane
Full Federal Court hears arguments on disposition of successful appeal by Chelmsford doctor ... Judgment sought for John Gill ... Defence of partial justification considered ... Costs thrown away in first trial ... Costs sought against John Herron ... Courts Editor Stephen Murray reports ... more
Bazzi v Dutton
Refugee activist Shane Bazzi wins appeal over finding Peter Dutton defamed by "rape apologist" tweet ... Full Court finds that tweet did not convey imputation Dutton excused rape ... Tweet to be read as a whole ... Primary judge overly reliant on dictionary definition of "apologist" ... Parties to be heard on costs ... Courts Editor Stephen Murray reports ... more
Roberts-Smith v Roberts
Ben Roberts-Smith loses appeal bid over attempt to cross examine former wife, Emma Roberts over access to emails ... Justice Wigney rules no substantial injustice established in Justice Bromwich's primary decision ... Decision not attended by sufficient doubt ... Courts Editor Stephen Murray reports ... more
Herron v HarperCollins Publishers Australia Pty Ltd
Chelmsford Deep Sleep doctor wins appeal over Scientology book ... Contested imputations ... Admissibility of Royal Commission evidence ... "Dead Experts" evidence ... Qualified privilege defence nixed ... Retrial foreshadowed ... Courts Editor Stephen Murray reports ... more
Christian Porter v Jo Dyer & Anor
Full court hears appeal over decision to restrain Sue Chrysanthou SC from appearing for Christian Porter in defamation proceedings against ABC ... Bret Walker SC argues error in admission of second affidavit, obligations of confidentiality, misuse of information ... Michael Hodge QC argues no duty of loyalty, instead, duty of confidentiality ... Courts Editor Stephen Murray reports ... more
Domenic Gatto v Australian Broadcasting Corporation & Ors
Mick Gatto loses appeal over ABC online report of alleged threat to police informer, Nicola Gobbo ... Court of Appeal finds misplaced reliance on there being a uniform rule that meaning is to be found at the centre of all potential meanings .... No error found in rejecting imputations ... Courts Editor Stephen Murray reports ... more
Rayney v The State of Western Australia [No 4]
Former Perth barrister Lloyd Rayney fails in appeal to have damages for economic loss recalculated ... Successful in obtaining re-assessment of interest ... Failure to establish causation between defamatory statements and loss of income after Rainey was charged with murder and undertook not to practice ... Courts Editor Stephen Murray reports ... more
Cheng v Pan; Cheng v Zhou
NSW Court of Appeal ... Appeal from Supreme Court defamation decision dismissed ... Charity and two community leaders defamed ... Anonymous letter-writing campaign to community leaders ... Once established the appellant had published some of the defamatory imputations, conclusion she published the remaining letters inevitable ... Codey Swadling reports ... more
Facebook Inc v Australian Information Commissioner
Full Federal Court rejects appeal from Facebook Inc over leave to serve originating process ... Facebook Inc ruled to carry on business in Australia by virtue of data processing agreement with Facebook Ireland, use of cookies and interface for app developers ... Ruled to collect personal information through cookies ... Courts Editor Stephen Murray reports ... more