Injunctions    March 24, 2022

Thunder Studios Inc (California) v Kazal (No. 13)

Injunctions granted against Sydney businessmen ... Follows ruling that they defamed and falsely injured Australian businessman Rodric David ...Contest over proposed order requiring notice to be given to internet platform operators ... Order narrowed down to seven operators ... Courts Editor Stephen Murray reports ... more

 

Injunctions    March 4, 2022

Bastiaan v Nine Entertainment Co Holdings Limited

Nine investigative journalist restrained from approaching potential witnesses in defamation case without writing to seek consent ... Defamation case concerns allegations of branch stacking and misuse of publicly funded positions ... Prima facie case conduct would interfere with proper administration of justice ... Courts Editor Stephen Murray reports ... more

 

Injunctions    October 21, 2021

Daniel Lanzer & Anor v Australian Broadcasting Corporation & Ors

Federal Court ... Cosmetic surgeon's bid to restrain ABC from airing 4 Corners' story fails ... Justice John Nicholas found no prima facie case for final relief ... Daniel Lanzer sought to restrain use of material from former employees ... Argued breach of Corporations Act and employment contracts ... Damages adequate remedy ... Courts Editor Stephen Murray reports ... more

 

Injunctions    October 20, 2021

Daniel Lanzer & Anor v Australian Broadcasting Corporation & Ors

Federal Court ... High profile cosmetic surgeon seeks restraint on ABC from airing 4 Corners story ... Argues contracts with former employees prevents sharing of confidential information and impairing his reputation ... Anticipates "hatchet job" ... ABC submits impugned video little different from graphic videos shared on social media ... No evidence of inducement to breach contract ... Courts Editor Stephen Murray reports ... more

 

Injunctions    May 22, 2020

Webster v Brewer

"Vile" material posted on Facebook defaming federal National Party MP ... Federal Court grants interim injunction ... MP and husband's involvement in an organisation supporting young mothers ... Respondent believed to be in NZ ... Enforceability of the orders ... Damages unlikely to be an adequate remedy ... No defence with a prospect of success ... Exceptional circumstances ... Trans Tasman proceedings ... Stephen Murray reports ... more

 

Injunctions    April 15, 2020

Smethurst v Commissioner of Police

High Court unanimously finds that the search warrant executed at the home of News Corp journalist Annika Smethurst was invalid ... Warrant was ambiguous ... "Interests of the Commonwealth" misunderstood ... Authorisation of the search impossibly wide ... Court divided on the question of relief ... Majority rejected the application for an injunction and the return of the improperly seized material ... Equitable principles ... The Constitution ... Fundamental disagreement on principles of constitutional liberty ... Stephen Murray reports ... more

 

Injunctions    February 27, 2020

Application by the Australian Broadcasting Corporation

The ABC's request for the AFP to delay accessing files seized in June 2019 ... Urgent injunction ... Criminal proceedings against alleged source ... Police access to files depends on when and whether ABC appeals the warrant findings by Justice Abraham ... Costs ... Stephen Murray reports ... more

 

Injunctions    November 19, 2019

Omega Plumbing Pty Ltd v Harbour Radio Pty Ltd t/as 2GB and 2GB 873

NSW Supreme Court ... Interlocutory injunction to stop 2GB's and Ray Hadley's attacks on a plumbing company  ... Injurious falsehood ... Malice ... Reckless indifference to the truth ... Free speech considerations have less weight in cases of injurious falsehood ... Stephen Murray reports ... more

 

Injunctions    August 29, 2019

Geoffrey Rush v Nationwide News

Geoffrey Rush fails in an application to permanently injunct Nationwide News from repeating the defamatory imputations published by the Daily Telegraph in November-December 2017 ... Public interest in the right of free speech ... No real risk the imputations would be repeated ... Post-judgment commentary significantly deflated Rush's vindication ... Nationwide News' submissions described as "alarmist ... mildly hysterical"... Right to report original judgment and appeal proceedings ... Justice Wigney also finds there could be no reasonable apprehension that he was partial to Rush ... Stephen Murray reports ... more

 

Injunctions    December 17, 2018

Murdoch University v Gooding

Injunction application dismissed by WA chief justice ... Preliminary inquiry into university ... Finding: "reasonable suspicion of misconduct" ... Critical article published by National Tertiary Education Industry Union ... Inquiry "a sham" ... Misleading and deceptive conduct ... Injurious falsehood ... Chilling effect ... Carmel Galati reports ... more

 

Injunctions    October 25, 2018

Capilano Honey Ltd v Dowling (No 2)

Injurious falsehood and defamation ... Blogger's attack on Capilano Honey ... Interim takedown and suppression orders, injunctive relief ... Failure to obey orders ... Orders revoked ... Unsuccessful appeal against revocation ... "Sex tape" ... Free speech ... Nick Bonyhady reports ... more

 

Injunctions    September 14, 2018

The School For Excellence Pty Ltd v Trendy Rhino Pty Ltd & Ors

Injunction granted to stop defamatory posts on Facebook ... Tutoring businesses for Victorian school students at loggerheads over copyrighted practice exams ... Facebook page taken down ... Commercial harassment ... Defamation defences unlikely to succeed ... Nick Bonyhady reports ... more