Supreme Court of Western Australia ... Port Hedland mayor succeeds in striking out aspects of his predecessor's defence ... Defendant sought to plead alternative imputations as part of a Hore-Lacy defence ... Alternative imputations struck out ... Liberty to replead ... Qualified privilege defences to be repleaded ... Courts Editor Stephen Murray reports ... more
Category: Interlocutory/Case-Management
Amanda Ghost & Ors v Rebel Wilson
Superior Court of California ... Anti-SLAPP motion by Rebel Wilson dismissed ... Wilson is being sued by the producers of her directorial debut over claims of sexual harassment, embezzlement and tax fraud ... Court rules publications not protected ... Made in course of private business dispute and not in the public interest ... Courts Editor Stephen Murray reports ... more
Aspire Contracting Pty Ltd v Epic Stays Pty Ltd
Supreme Court of Queensland ... Plumbing firm obtains interlocutory injunction over negative online reviews ... Claims potential customer signed invoice with non-disparagement clause ... Customer disputes this ... Prima facie case and balance of convenience supported injunction ... Courts Editor Stephen Murray reports ... more
Hun v Al Jazeera International (Malaysia) SDN BHD (No 3)
Federal Court of Australia ... Al Jazeera has justification particulars struck out ... Sought to defend documentary making claims about nephew of former Cambodian Prime Minister ... Particulars of public interest defence survive ... Matter best left for trial ... Courts Editor Stephen Murray reports ... more
Wang Xin De v Australian Broadcasting Corporation & Anor
Federal Court of Australia ... Buddhist leader suing ABC and investigative journalist Emily Baker ... Claims 7.30 broadcasts and associated publication convey imputations he is a cult leader who imprisons adherents, and requires absolute obedience ... First case management hearing foreshadows justification and public interest defences ... Courts Editor Stephen Murray reports ... more
Amelia Saw v Seven Network (Operations) Limited
Federal Court of Australia ... Seven Network seeks suppression orders over pleadings in case brought by former employee ... Amelia Saw has commenced proceedings under the Fair Work Act, alleging a hostile work environment ... Seven submits public release of pleadings would impede mediation ... Saw submits test of necessity not met ... Courts Editor Stephen Murray reports ... more
Deeming v Pesutto
Federal Court of Australia ... Former Victorian Shadow Minister for Education Dr Matthew Bach required to attend trial to give evidence in proceedings brought by former Victorian Liberal Moira Deeming against Opposition Leader John Pesutto ... Evidence concerns meeting of opposition leadership team ... Credit, credibility and reliability in issue ... Courts Editor Stephen Murray reports ... more
Onakoya v The Children’s Hospital at Westmead
Supreme Court of New South Wales ... Parents granted extension of time in which to bring proceedings against The Children's Hospital at Westmead ... Proposed action concerns a report from forensic paediatrician to child protection authorities ... Refusal to strike out claim as hopeless ... Courts Editor Stephen Murray reports ... more
Bartlett v Roffey
Federal Court of Australia ... Ex-president of Melbourne AFL club given leave to commence proceedings in Federal Court ... Follows discontinuance coming after WA Supreme Court ordered transfer to Victoria ... Orders for transfer to Victoria registry to overcome abuse of process ... Courts Editor Stephen Murray reports ... more
Peros v Irons
Federal Court of Australia ... Proceedings against journalism student who assisted with Shandee's Story podcast, produced by Hedley Thomas, transferred to Queensland Supreme Court ... Proceedings against Thomas and others already on foot in Supreme Court ... Interests of justice to transfer proceedings ... Courts Editor Stephen Murray reports ... more
Leigh v Sanchez
District Court of Queensland ... Caravan consumer advocate has particulars of aggravated damages struck out ... Suing administrator of rival Facebook page and his wife ... Particulars of subsequent publications must show connection to aggravation, and not be a vehicle for damages for publications not sued on ... Courts Editor Stephen Murray reports ... more
Reynolds v Higgins
Supreme Court of Western Australia ... Brittany Higgins required to disclose trustee of trust to Senator Linda Reynolds ... Reynolds contends trust was intended to protect Higgins from creditors ... Higgins submits disclosure unnecessary and futile given provisions of Bankruptcy Act ... Courts Editor Stephen Murray reports ... more