Category: Appeals

NSW Court of Appeal ... Appeal over District Court ruling that defamation proceedings were an abuse of process dismissed ... Proceedings brought for an ulterior purpose ... No question of principle, public importance or clear injustice ... Courts Editor Stephen Murray reports ... more

NSW Court of Appeal ... Former work experience student loses appeal against veterinarian and nurse ... Qualified privilege reply to attack defence not defeated by malice ... No error with regards to additional imputations ... Limited publication ... Courts Editor Stephen Murray reports ... more

Full Court of the Federal Court ... Seven entities and lawyers for Ben Roberts-Smith lose appeal over decision to not set aside subpoenas for communications ... Subpoenas relate to costs application against Seven Network and Kerry Stokes' private company after they entered into loan agreements for Roberts-Smith's defamation action ... Courts Editor Stephen Murray reports ... more

Reputational harm ... Public interest disclosure ... Policeman's claim for damages ... Tort of reprisal ... Lack of evidence ... Appeal dismissed ... Veronica Lenard reporting ... more

Federal Court ... Ben Roberts-Smith ordered to pay $910,000 in security for costs of appeal ... Appealing dismissal of his defamation action ... First tranche of $300,000 paid ... Appeal in subpoenas to Seven Network entities to be heard on November 22 ... Courts Editor Stephen Murray reports ... more

Western Australian Court of Appeal ... Forensic investigator loses appeal over non-recusal of judge ... Mark Reynolds found by Justice Jenni Hill to have defamed former barrister Lloyd Rayney ... Justice Hill had previously worked with Rayney's counsel ... Court of Appeal rejects reasonable apprehension of bias ... Courts Editor Stephen Murray reports ... more

Twitter wars ... Court of appeal considers the distinction between "racist" and "paedophile" ... Deliberately false claims of serious harm - serious consequences for damages ... Significant settlement for sports stars over MainOnline allegations about promoting tax avoidance schemes ... Floyd Alexander-Hunt reporting from London ... more

Federal Court .. Seven entities, Kerry Stokes and lawyers for Roberts-Smith obtain leave to appeal decision to not set aside subpoenas for communications ... Subpoenas part of newspapers' bid for third party costs ... Justice Perram finds decision not to set aside attended by sufficient doubt and would cause potential embarrassment and injustice ... Courts Editor Stephen Murray reports ... more

Victorian Court of Appeal ... Student and powerlifting athlete refused leave to appeal ... Sought separate hearing on serious harm threshold ... Consideration of "special circumstances" ... Issue of whether truth or falsity of imputations relevant to serious harm best left to trial ... Courts Editor Stephen Murray reports ... more