Interlocutory/Case-Management    October 18, 2021

Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press

Federal Court ... Legal professional privilege claimed over report prepared by investigative journalist Ross Coulthart ... Dominant purpose said to be seeking advice ahead of war crimes inquiry and defamation proceedings ... Seven West had interest in indemnification for legal fees, reputation as employer ... Respondents argue for access to the report, saying it was prepared for commercial purpose, and to stress-test Roberts-Smith ... Courts Editor Stephen Murray reports ... more

 


Interlocutory/Case-Management    October 10, 2021

Gan v Zadravic

NSW District Court ... Real estate agent suing over Facebook post alleging failure to pay superannuation .. Bid for summary judgment on proportionality grounds dismissed ... History of cool reception for Jameel and Thornton principles ... Issue with "employees" in the plural ... Serious allegations ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    October 10, 2021

Andrew Laming v Nine Network Australia Pty Ltd & Anor

Federal Court ... Nine set to plead justification to action brought by Federal MP ... Imputations include "lewd photo", "lecherous" and "pervert" ... Nine to plead contextual imputations Laming is a creep and unfit to be an MP ... Other defences of qualified privilege, Lange, honest opinion ... Tense case management hearing ...Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    October 1, 2021

Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press

Federal Court ... Counsel for Roberts-Smith urges relocation of trial to Adelaide ... Hard border stance of WA's impact on witnesses ... Counsel for respondents seeks delay until late February ... Delays arising from security logistics ... Argument over confidentiality of exhibits ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    September 17, 2021

Ben Roberts-Smith v Emma Roberts & Anor

Federal Court ... Ben Roberts-Smith seeks joinder of ex-wife's friend and her partner to proceedings ... Claim that Telstra account linked to pair accessed Roberts-Smith's email account 101 times ... Overlap between case against pair and ex-wife ... Decision reserved ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    September 9, 2021

Barilaro v Shanks-Markovina (No. 3)

Federal Court ... YouTube comedian Jordan Shanks loses bid for jury trial ... Justice Rares: "legislative morass" in Defamation Act amendments ... Dispute over whether new defences and provisions apply ... Uncertainty over Covid-19 ... Complexity of law for a jury ... Respondents' deep pockets ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    September 8, 2021

Ben Roberts-Smith v Emma Roberts; Ben Roberts-Smith v Fairfax Media Publication; The Age Company; Federal Capital Press

Federal Court ... Lawyers for Ben Roberts-Smith accuse ex-wife of lying in affidavit ... Question of access to emails in private account ... Records show access by account linked to friend of Emma Roberts ... Roberts: "purely speculative" ... Question of privilege over draft media releases ... Justice Besanko to consider evidence and submissions ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    August 31, 2021

Porter v Australian Broadcasting Corporation (No. 2)

Federal Court ... Intervening media parties held to implied undertaking not to use unredacted ABC defence other than for litigation ... Documents provided under sufficient compulsion ... Media can use documents if they otherwise become public ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    August 26, 2021

Stewart v Clarke

WA Supreme Court ... Plaintiff an independent candidate for Julia Bishop's seat ... Use of fabricated polling data ... Vituperative newspaper articles ... Shadowy connections ... Range of defences pleaded ... Reply inadequate ... Leave granted for plaintiff to replead ... Janek Drevikovsky reports ... more

 

Interlocutory/Case-Management    August 18, 2021

Christian Porter v Australian Broadcasting Corporation & Anor

Federal Court ... Christian Porter seeks declaration media interveners are bound by implied undertaking ... Question whether implied undertaking applies to pleadings ... Media interveners argue implied undertaking in present case would be "gross distortion" of purpose ... Amounts to "de facto suppression order" ... Decision reserved ... Courts Editor Stephen Murray reports ... more