Category: More…

Claim of injurious falsehood over internet site that was rude about a car dealer. Balancing freedom of speech with protection of reputation is not a relevant considering in the world of injurious falsehood. Proprietary or economic interests prevail ... more

The latest round in the defamation law reform negoitations between the Commonwealth and the states has produced another standoff. Attorney General Ruddock says he’ll wait and see how close the states get to his position before deciding whether to legislate from Canberra. NSW Attorney General Bob Debus says he is urging his colleagues to implement their model “uniform” provisions ... more

Broadcast by Steve Price and John Laws on 2UE which mocked “poofs” and their “grubby activities” capable of inciting hatred towards homosexual men. Breach of Anti-Discrimination Act found by Administrative Decisions Tribunal ... more

Perversity appeal upheld for the first time since the High Court’s decision in Rivkin. NSW Court of Appeal does not send the imputation back for a new jury trial but directs judgment fo the plaintiff ... more

Court of Appeal restores jury verdict in favour of ABC. Justice Shaw erred in discharging jury and ordering a new s.7A trial in relation to Four Corners’ program. Jury has to undertake an “impressionistic exercise” and Justice McColl says in considering perversity there should be appellate restraint, as jurors are the arbiters of community standards ... more

Commonwealth’s plan to go it alone propels the States and Territories to settle their differences and come up with new Model Defamation Provisions, which includes: removal of the right of most corporations to sue; defence of truth alone; a list of factors that go to “reasonableness’ in qualified privilege; indemnity costs if defendants unreasonably fail to settle; an end to split trials in NSW; judges to decide damages; general compensatory damages to be capped at $250,000; limitation period of one year (extendable to three); no provision for correction orders or other non-monetary remedies; and no suing from the grave ... more

Judge J.C. Gibson adopted a one dimensional approach to the matter complained of, substituted her own view for that reasonably open to the jury and applied the wrong test to the facts. NSW Court of Appeal restores “perverse” jury verdict ... more

Review by NSW Court of Appeal of all reasons given by judges who have discharged s.7A juries. Decision reserved in Pavy “try on” appeal ... more

Perversity appeal turned down. Open for a jury to reject union’s interpretation of Piers Akerman’s Daily Telegraph column ... more

In the first perversity appeal since the High Court decision in Rivkin, Justice Ruth McColl goes through Dr Roy Beran’s imputations one by one and finds that it was reasonably open to the jury to reject his case against The Sydney Morning Herald ... more

Defamation case over letters from mayor of Sutherland Shire. Judge Judith Gibson sets aside jury verdict because, whatever the test adopted, she says it was perverse ... more

Justice Shaw who, as NSW Attorney General, introduced the section 7A “reform” despairs at his creation. The division of functions between jury and judge may be “the wrong way round”. He finds a jury decision in favour of the ABC and Four Corners “perverse” and orders a new trial ... more