Self-represented defendant facing contempt charges over defamatory website tells the NSW Supreme Court she is ready to go to jail “because I’m telling the truth” ... The plaintiff says he’s content with an injunction, rather than damages ... more
Category: Contempt
Take-down orders in the internet age
A fair trial in the internet age? Paul Karp discusses the characteristics of the internet which make take-down orders to battle sub judice contempt increasingly futile ... more
Contempt of court
The UK Law Commission’s consultation paper Contempt of Court is currently looking at online historical publications, the position of the juror and measures to ensure a fair trial for the accused. Melbourne media lawyer Peter Bartlett reviews the Australian experience in this submission to the commission ... more
R v General Television Corporation Pty Ltd
Supreme Court of Victoria fines Channel Nine $15,000 for “careless” contempt over gangland widow Judy Moran’s naming of four prosecution witnesses during an interview with Libby Gore on “The Catch-Up”. Justice Thomas Smith finds it a serious breach and records a conviction ... more
R v The Herald & Weekly Times Pty Ltd
Victorian Supreme Court Justice Thomas Smith fines The Herald Sun $25,000 over two contempts in which a gangland informer was identified. The respondent’s remorse was “significantly qualified” he said ... more
R v Nationwide News Pty Ltd & Queensland Newspapers Pty Ltd
The Supreme Court of Victoria dismisses contempt charges brought against the Daily Telegraph and the Courier Mail over their reporting of the “Benbrika terrorists” committal hearing. Suppression orders in Victoria do not apply to publication outside Victoria, says Justice Philip Mandie ... more
Alan Howe & Ors v Peter Harvey, DPP v Christopher Tinkler & Ors
Victoria’s Court of Appeal dismisses appeals by Channel Seven and the Sunday Herald Sun over their convictions for identifying a 14-year boy who had “divorced” his parents. Sunrise co-presenter David Koch stays off the hook ... more
R v The Age Company Ltd, Andrew Jaspan & Fairfax Digital Ltd
Victorian Supreme Court Justice Emilios Kyrou follows his decision in R v The Herald & Weekly Times Pty Ltd and fines The Age $10,000 for a “similar” contempt brought about by “a serious, albeit inadvertent error” ... more
R v Herald & Weekly Times Pty Ltd and Peter Blunden
Graphic illustration of contempt. The Herald Sun fined $10,000 for publishing details of a so-called Melbourne “gangland” murder during an accused man’s trial. Justice Emilios Kyrou finds the pressure of deadlines no excuse ... more
R v Purdie & The Advocate Newspaper Pty Ltd
Tasmania’s The Advocate fined $5000 over “unintentional” contempt committed by experienced court reporter. Supreme Court Justice Pierre Slicer finds the paper’s “lapses of judgment or taste” irrelevant to the penalty ... more
R v Sammut & WIN Television Vic Pty Ltd
Regional broadcaster WIN Television fined $50,000 for contempt over news report of a criminal trial. Justice Hartley Hansen finds Gippsland bureau chief Anita Sammut was “careless”, but not “reckless” ... more
Director of Public Prosecutions (Cth) v John Fairfax Publications Pty Ltd & Elisabeth Sexton
Another victory for Fairfax as NSW Supreme Court Justice Rod Howie dismisses contempt charges against The Sydney Morning Herald and one of its most respected journalists, Elisabeth Sexton. Howie says publishers should pay, nonetheless ... more