Full Court of the Federal Court ... New trial ordered in proceedings brought by Erin Molan against Daily Mail Australia ... Remittal to trial judge ... Failure of trial judge to address broadcasts in dealing with contextual truth defences ... New trial not to consider honest opinion defence or racist imputation ... Courts Editor Stephen Murray reports ... more
Category: Appeals
DailyMail.com Australia Pty Ltd v Erin Molan
Full Court of Federal Court ... Daily Mail Australia appeals judgment in favour of presenter Erin Molan ... Prospect of matter remitted to trial judge to deal with evidence ... Possibility of retrial ... Court hears broadcasts with foreign accents and racial tropes ... Courts Editor Stephen Murray reports ... more
HarperCollins Publishers Australia Pty Ltd & Anor v Gill & Ors
High Court of Australia ... Special leave refused to HarperCollins Australia and ABC journalist Steve Cannane ... Sought to appeal Full Court decision overturning victory in Chelmsford case ... Challenge to findings on Royal Commission evidence and qualified privilege ... Courts Editor Stephen Murray reports ... more
Pauline Hanson v Brian Burston
Federal Court ... One Nation Senator Pauline Hanson appeals $250,000 award to former colleague, Brian Burston ... Submits error in not finding imputations of sexual abuse and assault without provocation to be justified ... Award excessive and should have been mitigated by Burston's conduct ... Courts Editor Stephen Murray reports ... more
Rader v Haines
NSW Court of Appeal ... Man loses appeal over email sent by his parents-in-law to his parents ... Court considers serious harm threshold in UK Defamation Act ... General importance given amendments to NSW Defamation Act ... Courts Editor Stephen Murray reports ... more
Shane Bazzi v Peter Dutton
Peter Dutton discontinues High Court appeal application against decision of Full Federal Court ... Sued refugee activist over "rape apologist" tweet ... Full Federal Court due to hear argument on costs ... Novel issue of crowdsourced funding ... Agreement on costs ... Statement from Shane Bazzi and lawyers ... Courts Editor Stephen Murray reports ... more
Dailymail.com Australia Pty Ltd v Erin Molan
Federal Court ... Dailymail.com Australia seeks to appeal decision awarding Erin Molan $150,000 ... Error in finding imputations conveyed ... Error in not finding justification defence established ... Errors in not finding contextual imputations conveyed ... Award manifestly excessive ... Courts Editor Stephen Murray reports ... more
Massoud v Nationwide News Pty Ltd; Massoud v Fox Sports Australia Pty Ltd
NSW Court of Appeal ... Former Channel 7 Rugby League journalist loses appeal ... Denied he had threatened to slit colleague's throat ... Primary imputations should have been considered ... Justification defence upheld ... Honest opinion defence available over skit ... No error in finding nil damages warranted ... Courts Editor Stephen Murray reports ... more
Google LLC v Defteros
High Court ... Google wins over issue of whether it was publisher of defamatory article that was linked in search results ... Five-two majority ... Purpose and effect of hyperlinks ... Mere facilitation ... Contention Google "enticed" users to click on article rejected ... Courts Editor Stephen Murray reports ... more
John Gill v HarperCollins Publishers Australia & Anor
HarperCollins Australia and ABC correspondent Steve Cannane seeking special leave to appeal to High Court over Deep Sleep case ... Seeking to appeal decision of Full Federal Court ... Grounds include challenge to ruling on Royal Commission evidence and determination of qualified privilege defence ... Case management hearing for retrial ... Courts Editor Stephen Murray reports ... more
Porter v Dyer
Full Court of Federal Court ... Former Attorney-General Christian Porter loses appeal over restraint on high profile defamation silk ... No error in Justice Tom Thawley's decision on restraint ... Judges differ over suppression orders on exhibits ... Courts Editor Stephen Murray reports ... more
Ajaka v Nine Network Pty Ltd (No. 2)
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