Federal Court of Australia ... Bikie boss pressed to establish serious harm to reputation ... Suing over publications he claims makes him out to be cocaine kingpin ... Contest of reputation ... Publishers relying on serious harm threshold and mitigation of damages ... Courts Editor Stephen Murray reports ... more
Category: Interlocutory/Case-Management
O’Shanassy v Turland (No 2)
District Court of NSW ... Application to strike out contextual truth defence stood over to trial ... Former local councillor being sued over statements made at council meetings ... Observations on complexity of contextual truth defence in jury trial ... Courts Editor Stephen Murray reports ... more
Darling v Daniels
Federal Court of Australia ... Seven West Media succeeds in strike out application ... Proceedings brought by AFL player Jack Darling over anti-vax reports in The West Australian ... Darling claims Seven West is vicariously liable for publications ... Leave to replead ... Courts Editor Stephen Murray reports ... more
Gina Edwards v Nine Network Australia Pty Ltd & Ors
Federal Court of Australia ... Sydney barrister Gina Edwards falls out with Giles/George, the lawyers who acted for her in successful defamation action against the Nine Network ... Dispute over costs ... Edwards and Nine in dispute over assessment of costs by referee ... Giles/George granted leave to intervene on limited issue ... Courts Editor Stephen Murray reports ... more
Carter v Blanco
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
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