Category: Qualified Privilege

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

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 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to lose their right to waive privilege for defamation cases … Section inserted over “cash for questions” story is to be repealed “without replacement” ...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

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

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

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

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

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

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

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

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

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