UK High Court refuses to order identification of a blog author… Legal professional privilege upheld for all parties … This report from Media Lawyer’s Mike Dodd ... more
Category: Qualified Privilege
Vincent Stanizzo v Maria Sassu & Ors
Solicitor goes through affidavits before alleging defamatory statements were made about him in a legal wrangle over a will …. NSW District Court Judge Judith Gibson summarily dismisses the claim … Rebecca Gall reports ... more
British MPs to lose power to waive privilege for libel cases
British MPs are set to lose their right to waive privilege for defamation cases … Section inserted over “cash for questions” story is to be repealed “without replacement” ... Media Lawyer reports ... more
Louis Prefumo v Arriadne Bradley
WA Chief Justice dismisses defamation action brought by a brother against his sister over statements she made to mental health professionals … Both parties were self-represented ... more
Benjamin Ives v State of Western Australia
WA Supreme Court upholds qualified privilege defence over statements made by WA police during a home visit … Media lawyer Carmel Galati looks at the implications for an action brought by a Perth barrister acquitted of murder ... more
Amanda Cush & Leslie Boland v Meryl Dillon
Long-running defamation action involving allegations of an extra-marital affair ends in defeat for the defendant on the grounds of malice … NSW District Court Judge Colin Charteris finds the conveyer of the rumour, Meryl Dillon, deliberately “misstated what she knew” ... more
Sylvia Enders v Erbas & Associates Pty Ltd & Anor (No. 2)
An email sent to 20 staff about absences from work is protected by both forms of qualified privilege – common law and section 30 … NSW District Court Judge Judith Gibson finds an absence of malice might well be sufficient for this “tempest in a teacup” ... more
Tony Papaconstuntinos v Peter Holmes a Court
Former union man Tony Papaconstuntinos loses long-running action against businessman Peter Holmes a Court … High Court majority decision confirms that common law qualified privilege protects defamatory statements made without a “pressing need” ... more
Harbour Radio Pty Ltd v Keysar Trad
Mixed result … High Court finds radio station 2GB was protected by “reply-to-attack” qualified privilege when it defamed Muslim community spokesman Keysar Trad … Truth and contextual truth go back to the NSW Court of Appeal ... more
James Ashby v Commonwealth of Australia & Peter Slipper
First real test of new journalists’ shield laws … Federal Court Justice Steven Rares upholds bid by News Ltd journalist Steve Lewis to protect the source of a story alleging House of Reps Speaker Peter Slipper sexually harassed a male staffer ... more
Ian Cunliffe v Patrick Woods
Lawyers at loggerheads … Victorian Supreme Court dismisses defamation action brought over letter questioning a sworn affidavit … Absolute and qualified privilege – statutory and common law – save the day ... more
David Marshall & Richard Tory v Michael Megna & Russell Lloyd
The defence of qualified privilege is once again the subject of appeal – this time in a case involving a torrent of “vitriolic” newsletters … Appellant’s barrister argues for a “defamation-free zone” as President Allsop bridles at bulldog clips ... more