District Court of Queensland ... American video gamer awarded $350,000 in aggravated damages against professional YouTuber ... Video made allegations of cheating and contributing to pressure on a gamer who took his own life ... Contextual imputations substantiated but did not swamp seriousness of pleaded imputations ... Courts Editor Stephen Murray reports ... more
Category: Damages
Newman v Whittington
Supreme Court of NSW ... Family dispute resolution specialist awarded over $300,000 in aggravated damages, interest and costs ... Sued child recovery specialist over blog and social media posts ... Followed criticism of defendant's role in shambolic child rescue mission in Lebanon ... Courts Editor Stephen Murray reports ... more
Jabbie v Gbangaye
Supreme Court of Western Australia ... Liberian refugee found to have been defamed in podcast hosted by fellow refugee ... Podcast focused on arrest of plaintiff's estranged husband over murder of another refugee ... Plaintiff awarded $325,000 in aggravated damages and $70,400 for economic loss ... Courts Editor Stephen Murray reports ... more
Topez v Coulthard
District Court of South Australia ... Spiritual healer and educator awarded $12,000 in damages against three members of Adnyamathanha community in South Australia following successful appeal ... Dispute over Indigenous lineage ... Appeal against fourth member unsuccessful ... Courts Editor Stephen Murray reports ... more
McDonald v Findlay
Federal Court of Australia ... TikTok influencer ordered to pay University of Sydney student $20,000 ... Followed incident at SRC meeting where male students tore up report of sexual misconduct at residential colleges ... Video claimed student found "rape and assault hilarious" ... Consent orders made ... Courts Editor Stephen Murray reports ... more
Setia v Radio Haanji
County Court of Victoria ... Former restauranteur awarded $95,000 in aggravated damages ... Punjabi radio station posted a Facebook report falsely stating he had been convicted of wage theft, gaoled and subject to a massive fine ... Followed charges for wage theft which were later withdrawn ... Question of serious harm ... Courts Editor Stephen Murray reports ... more
Thurston v Fox Sports Australia Pty Limited
Federal Court of Australia ... Seven Network ordered to pay $200,000 each to three rugby league fans over racial abuse reports ... Claims fans abused indigenous NRL player ... Fox Sports makes out honest opinion defence to claim ... Imputations not conveyed in Nine broadcast ... Courts Editor Stephen Murray reports ... more
Who makes it rain? Profiles of counsel and instructors in defamation damages awards 2020-2024
Updated ... Data journalism ... Profile of leading counsel, juniors and instructors in matters where there was an award of damages between 2020 and 2024 ... Average awards reported for leading counsel ... Appearances by juniors ... Profile of firms instructing counsel ... Average awards by firm ... Courts Editor Stephen Murray reports ... more
Review of defamation damages awards from 2020 to 2024
Updated ... Data journalism ... Review of awards of damages for defamation by Australian courts between 2020 and 2024 ... Decline in number of awards ... Data on quantum of damages ... Data on media defendants ... Profile of awards by court ... Courts Editor Stephen Murray reports ... more
Michelmore v Brown
Supreme Court of Western Australia ... Perth lawyer awarded $160,000 in aggravated damages ... Emails sent to the WA Governor, Chief Justice, Attorney-General, Police Commissioner, judges' associates falsely accusing lawyer of fraud, interfering with witnesses and conspiracy to pervert the course of justice ... Courts Editor Stephen Murray reports ... more
Deeming v Pesutto (No 3)
Federal Court of Australia ... Former Victorian Liberal MLC Moira Deeming awarded $300,000 in damages over statements by Opposition Leader John Pesutto ... Statements made to support moves to expel Deeming from the Parliamentary Liberal Party over attendance at rally gatecrashed by neo-Nazis ... Defences of public interest, honest opinion, Lange qualified privilege and contextual truth rejected ... Courts Editor Stephen Murray reports ... more
Ivory v Howard
Federal Court of Australia ... Drag racing enthusiast awarded $75,000 in aggravated damages ... Sued over Facebook posts ... Allegations of serious criminal activity, stalking, drug taking ... Default judgment after respondent failed to appear ... Courts Editor Stephen Murray reports ... more