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
Category: Interlocutory/Case-Management
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
Wilks v Qu (Ruling No 4)
County Court of Victoria ... Powerlifting coach loses bid to strike out defence ... Suing former protégé over claims of sexual harassment ... Student allowed to plead contextual truth defence ... Permitted to plead particulars of sexual assault ... Courts Editor Stephen Murray reports ... more
Staged Plus Pty Ltd & Ors v Yummi Fruit Ice-Creamery Pty Ltd & Ors
Queensland District Court ... Ice cream van owners sue over 13 publications on social media in wake of purchase of another ice cream business ... Not necessary to provide particulars of serious harm with precision of pleading ... Sufficient to plead identified harm ... Failure to plead financial loss for corporation ... Courts Editor Stephen Murray reports ... more
Peros v Nationwide News Pty Ltd & Ors (No 2)
Queensland Supreme Court ... Man acquitted of murder but found to have killed former partner by Coroner required to particularise reputation before publication of Shandee's Story podcast episode ... Not required to particularise reputation arising from Coroner's report and subsequent reporting ... Courts Editor Stephen Murray reports ... more
Peros v Nationwide News & Ors
Queensland Supreme Court ... Court rules concerns notice not needed as proceedings commenced in Western Australia ... Queensland law not intended to have extraterritorial application ... Separate hearing on serious harm as no special circumstances ... Courts Editor Stephen Murray reports ... more