Sunday Telegraph's story about the sale of an artwork by Del Kathryn Barton ... An offer of amends from publisher is still open for acceptance even after plaintiff makes a subsequent counteroffer ... Compromise provisions in the UCPR operate separately from Defamation Act amends provisions ... Newspaper's offer of amends open until "withdrawn in writing" ... Stephen Murray reports ... more
Category: Appeals
Berge v Thanarattanabodee
Thai temple fundraising dispute ... Fundamental errors by a Queensland magistrate ... Facebook posts ... Onus of proof ...Identity ... Confused finding about the functions of Facebook ... Matters of credit for a new trial ... Nick Bonyhady reports ... more
Ashley Fenn & Ethan Affordable Housing Ltd v Australian Broadcasting Corporation
ABC sued over 7.30 story about government-backed affordable housing scheme ... Delayed payments to investors ... Plaintiffs partially successful in appeal on strikeout application ... Possibility of alternate "stings" to an imputation ... Role of the jury ... Stephen Murray reports ... more
Bauer Media v Rebel Wilson (No. 3)
Costs ... Damages ...Calculation of restitutory interest ... Rebel Wilson wanted time to determine how quickly she could access the payout following the appeal on damages ... Bauer Media awarded 80 percent of the appeal costs ... Hard fought litigation ... Stephen Murray reports ... more
Clive Palmer v Malcolm Turnbull
Lex loci delicti ... Queensland Court of Appeal decides that Clive Palmer does not have to plead Chinese law in his defamation action against Prime Minister Turnbull ... Nick Bonyhady reports ... more
The dramatic reduction of Rebel Wilson’s damages
Damages is a special leave point for the High Court ... Judicial minds differ on whether general damages can be decapped by aggravated damages ... Victorian Court of Appeals sticks with the trial judge on general damages, but rejects his approach to economic loss ... Graham Hryce comments ... more
Milorad Trkulja v Google LLC
Capacity and innocent dissemination ... Victorian Court of Appeal comprehensively overturned in leading search engine case ... Application of traditional principles ... The ordinary reasonable reader of a search engine ... Google as a publisher ... Graham Hryce comments ... more
Fairfax Digital Australia and New Zealand Pty Ltd v Kazal
NSW Court of Appeal has another crack at contextual truth, which remains a muddled and confusing defence ... Nick Bonyhady reports ... more
Australian Broadcasting Corporation v SAWA Pty Ltd
Treatment of cattle on a Western Australian pastoral lease ... ABC seeks video for broadcast ... Images more powerful than text ... Public interest exemption under Surveillance Devices Act of no assistance to the broadcaster ... Nick Bonyhady reports ... more
Denis Wagner & Ors v Nine Network Australia Pty Ltd & Ors
Wagner brothers succeed in having three struck-out imputations reinstated by the QLD Court of Appeal … Nine Network and journalist Nick Cater will now have to defend some serious allegations, including that the plaintiffs caused the deaths of 12 people ... more
Google Inc v Janice Duffy
SA Full Court finds Google liable for publication of defamatory content of snippets and hyperlinked articles … This case note and comment by London-based media law specialist Hugh Tomlinson QC ... more
Simone Farrow v Nationwide News Pty Ltd
Convicted drug smuggler denied leave to appeal District Court judgment rejecting her bid for leave to commence defamation proceedings over Daily Telegraph articles … NSW Court of Appeal also affirms abuse of process finding on proportionality grounds ... more