Category: Qualified Privilege

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

Solicitor’s letter (about another solicitor) sent to solicitors is protected by both forms of qualified privilege. Victorian Supreme Court Justice Stephen Kaye finds no malice in allegations of “deliberate breaches” and “illegality” ... more

The High Court unanimously finds that a workplace rumour about an affair is protected by qualified privilege. However, the matter is remitted to the NSW District Court for a retrial on malice ... more

Qualified privilege – and Bashford – get another going-over as the SA Supreme Court allows an appeal over a nursing home newsletter outlining the results of investigation into bullying and harassment ... more

Two Journalists’ Privilege Bills are currently before the NSW Parliament. The new Attorney General, Greg Smith’s Bill virtually replicates Liberal Senator George Brandis’ Bill … Green MLC David Shoebridge’s Bill is modelled on the Commonwealth Evidence Act and extends protection to online journalists and bloggers ... more

The perils of environmental architecture … Defamatory letter posted on Altair apartment block notice board protected by both forms of qualified privilege – NSW District Court Judge Michael Bozic says “there is no question of malice” ... more

Common law qualified privilege gets another airing in the NSW Supreme Court … Malice a live issue in email defamation action brought as a result of dragon boat racing internal politics … Allegations of prejudice and discrimination ... more

A big day for common law qualified privilege in the NSW Court of Appeal as businessman Peter Holmes a Court wins his appeal … The court confirms that a defamatory statement made voluntarily does not automatically negate the defence of qualified privilege ... more

The independent federal member for Denison, Andrew Wilkie, recently introduced his private members’ Bill for the protection of journalists and their sources. Here’s a summary of the key features ... more

Strathfield property developer Antoine Bechara loses his defamation action against business rival Paul Bonaccorso. NSW District Court Judge Judith Gibson finds reporting suspicions to police “a clear case of qualified privilege at common law” ... more