Supreme Court of Western Australia ... Two former clients of Perth commercial lawyer who defamed her in an email sent to government and legal figures found to be in contempt ... Breached injunctions preventing repetition of defamatory imputations ... Statement of claim provided to pseudo-law common law jury ... Courts Editor Stephen Murray reports ... more
Category: Contempt
Antoinette Lattouf v Australian Broadcasting Corporation
Federal Court of Australia ... Pro-Israel lobbyists who sought removal of presenter Antoinette Lattouf claim there has been breach of suppression orders ... Seeking referral of senior Nine newspaper editors and Nine lawyers to Registrar for contempt ... Sue Chrysanthou SC claims stonewalling by Nine ... Tom Blackburn SC, counsel for Nine, seeks better particulars ... Courts Editor Stephen Murray reports ... more
Venting about contempt
Statutory basis for the law of contempt is desirable ... Current murder case and the media's use of the word "alleged" ... Suppression and take-down orders ... Sub judice contempt ... Panel discussion with Professor David Rolph and barrister Matthew Lewis ... Veronica Lenard reports ... more
Nine Network Australia Pty Ltd v Peter David Schiff
Federal Court ... Nine Network withdraws bid to restrain American economist Peter Schiff from using documentary evidence in settled proceedings ... Restraint sought to enforce implied undertaking and prevent contempt ... Justice Ian Jackman indicates it might be necessary to address claims of dishonest conduct by Nine ... Courts Editor Stephen Murray reports ... more
Re Ramsay Health Care Australia Pty Ltd
Health care provider Ramsay Health Care avoids contempt finding over use of emails subpoenaed in defamation action ... Implied undertaking ... Actual knowledge ... Former Senior Corporate Counsel "drowning in work" ... Apology accepted ... Courts Editor Stephen Murray reports ... more
Khoury v Kirwan (No. 6)
Victorian Supreme Court ... Surgeons settle out of court ... Penalties for contempt ... Costs for private prosecution sought on indemnity basis ... "Extraordinarily high claim" ... Courts Editor Stephen Murray reports ... more
Ferguson v Dallow (No. 5)
Federal Court ... Scandalising the court ... "Vigilante" journalist and YouTuber ... Allegations against Tasmanian cabinet minister ... Order restraining further publication ignored ... New videos that repeated the substance of the original allegations ... Ineffective apology ... Family circumstances not relevant ... Sentenced to nine months imprisonment ... Janek Drevikovsky reports ... more
The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No. 8)
Supreme Court of NSW ... ABC avoids contempt over redactions of subpoenaed documents ... Dispute between Julian Morrow and Nick Murray over co-production arrangements on The Checkout ... ABC has no direct interest in litigation ... Redacted confidential information, information on third parties, irrelevant material ... Morrow seeks contempt declaration ... Justice Stevenson find conduct wilful but not contumelious to the Court’s process or in contempt ... Court's displeasure may be found in costs order ... Courts Editor Stephen Murray reports ... more
The Queen v The Herald & Weekly Times Pty Ltd
Over $1 million in fines for publishers over Pell trial contempt ... The Age and news.com.au singled out with heavy fines ... Usurped the function of the court ... Not satisfied the articles were designed to put pressure on trial judge ... Calculated risk to publish ... The Age and news.com.au: collateral attack on suppression orders ... Conduct considered contumacious ... Respondents to pay $650,000 in costs ... Courts Editor Stephen Murray reports ... more
The Queen v The Herald & Weekly Times Pty Ltd & Ors (Ruling No. 2)
Victorian Supreme Court ... Coverage of Pell trial verdicts ... Suppression order in place to protect second trial ... Sub judice contempt charges dropped against non-Victorian outlets ... 79 charges of contempt by sub judice and breach of suppression order remain ... Real risk of prejudice to administration of justice ... Courts Editor Stephen Murray reports ... more
Contempt for the digital age
Victorian Law Reform Commission's report on contempt of court ... Proposals for the law to be exhaustively laid out in a Contempt of Court Act ... Accessible language the order of the day ... Limiting the scope of "scandalising the court" ... "Unusual conduct" ... Public interest defence ... Reworking the definition of "publication" ... Exclusion of liability for online intermediaries ... Janek Drevikovsky reports ... more
KT v Google
Justice Des Fagan halts contempt proceedings against Google ... "Squandering of public resources" ... Further disclosure ... Ambiguity of Justice Rothman's original orders ... Time needed for a "human being" at Google to process the court's orders ... Whether Google was the publisher of reviews claimed to be defamatory ... Interfering with the decision of another judge ... Stephen Murray reports ... more