Category: Interlocutory/Case-Management

Plenty of action in the NSW District Court as Judge Judith Gibson deals with the question of multiple proceedings over similar allegations filed in two courts, rejects an application to strike out two of Harbour Radio’s defences and strikes out a third poorly pleaded statement of claim ... more

Australians who illegally downloaded the film Dallas Buyers Club win a damages reprieve after the Federal Court rules some of the film producers’ copyright infringement demands “surreal” ... Rocco Rinaldo reports ... more

Defamatory community Facebook post results in $15,000 legal costs for Sydney couple after an apology which formed part of a settlement was removed (several times) .. NSW District Court Judge Judith Gibson describes the events as a “comedy of errors” ... more

Striking interlocutory action from NSW Supreme Court Defamation List Judge Lucy McCallum … Former film finance boss off the hook … So too the ABC and a NSW barrister … Former Olympic swimmer’s action against Fairfax survives ... more

NSW Supreme Court Justice Lucy McCallum strikes again, this time dismissing a defamation action brought against the ABC by migration agent Edward Kang and his company Singapore Oil ... more

Paedophilia allegations aplenty … NSW District Court Defamation List Judge Judith Gibson dismisses a tardy action brought by a self-represented litigant … And strikes out the poorly pleaded truth defence for a defamatory Facebook post ... more

The NSW Court of Appeal reaffirms its previous position on the contextual truth defence and refuses Fairfax leave to appeal two “nebulous” contextual imputations struck out by Justice Lucy McCallum … Rico Jedrzejczyk reports ... more

The Melbourne man who sued Andrew Bolt and lost, loses again – this time over an online article about his trial … Victorian Supreme Court Justice Cameron Macaulay grants the Herald & Weekly Times summary judgment, but not on the grounds of fair report ... more

Correctly pleading the defence of fair report and the effect on damages of prior publications feature in an interlocutory judgment by WA Supreme Court Justice Ken Martin … One-time murder suspect wins a round against true crime book publisher ... more

Family Court dispute ends in defamation action against former partner and her parents … QLD District Court Judge Nick Samios wastes no time striking it out as an abuse of process … Absolute privilege prevails ... more

Sydney construction industry figure George Alex has his defamation action against the ABC struck out … No explanation is given for his failure to formally serve a statement of claim ... more

Channel Seven journalist off the hook as a defamation case brought solely against her is dismissed for lack of diligence … NSW District Court Defamation List Judge Judith Gibson expounds on the problems of the self-represented litigant ... more