Federal Court ... Surgeon seeks disclosure of confidential sources ... Journalist Charlotte Grieve claims journalist privilege ... Undergoes cross-examination on undertakings given to confidential sources ... Submissions from Sue Chrysanthou SC and Renée Enbom KC ... Courts Editor Stephen Murray reports ... more
Category: Sources
Heston Russell v Australian Broadcasting Corporation & Ors
Federal Court ... ABC faces prospect of abandoning public interest defence in commando action ... Refuses to disclose identity of source for reporting of allegations of killing of detainee ... Orders requiring disclosure stayed pending hearing ... Statements from ABC ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith and Secretary, Department of Defence
Administrative Appeals Tribunal ... Former SAS sergeant Ben Roberts-Smith seeks access to diary entries for Major-General Paul Brereton who conducted war crimes inquiry ... Case theory that he met with journalist Chris Masters on two occasions ... Defence Department maintains non-disclosure essential to integrity of inquiry ...Courts Editor Stephen Murray reports ... more
Poland v Hedley (No. 4)
The newspaper rule … Identities of Source A and Source B not revealed … Not in the interests of justice to identify the confidential sources … Legal professional privilege not "waived irrevocably" … Amended defence could effectively undo waiver … Defamation actions bedevilled by interlocutory disputes … Margery Ai reports ... more
Searching for the sources
Limited changes for scheme dealing with journalists' information warrants ... Significant restrictions remain in place ... New applicants sought for role of public interest advocates ... Journalists locked out of contesting warrants ... Maxim Shanahan reports ... more
F v Crime and Corruption Commission
Queensland's Court of Appeal ... Journalist appeals directions from Corruption and Crime Commission to reveal source of information ... Claim for public interest immunity, implied freedom of political communication ... Media union response ... Courts Editor Stephen Murray reports ... more
New armour for journalists in Queensland
Shield laws ... Consultation paper released by Queensland AG ... What to shield and how to do it ... Protection inside and outside the courtroom ... Police raids and administrative proceedings ... Limited nature of journalists' privilege ... Anna Kretowicz reports ... more
Kumova v Davison
Federal Court ... Journalist privilege cannot be claimed by self-styled citizen journalist ... Tweeter not a journalist ... Regard to "Cynical and Cranky take" description of account ... Use of account to defend and vindicate against attacks ... Twitter feed not a "news medium" ... Medium must be used "routinely or regularly" for news ... Protection of identity of a source ... Whether promise of confidentiality need be made anterior to information being provided ... "Great deal of information" provided before any promise ... Courts Editor Stephen Murray reports ... more
F v Crime and Corruption Commission
Queensland Supreme Court ... Newsroom supervisor challenges corruption watchdog over questioning ... Allegations police officer asked journalist to knock on door ... Public interest immunity claim rejected ... Not unfair of CCC to ask questions ... Implied freedom of political communication argument dismissed ... Courts Editor Stephen Murray reports ... more
Australian Broadcasting Corporation v Kane (No. 2)
Wide ambit for AFP's search warrant ... Federal Court dismisses national broadcaster's challenge to the validity of a search warrant ... Federal police seeking information about the source of stories about conduct of troops in Afghanistan ... Crimes Act ... Meaning of "defences" ... Implied freedom of political communication ... Evidence Act and journalists' privilege ... No protection for sources of public interest information ... Stephen Murray reports ... more
Roberts-Smith v Fairfax Media Publications Pty Limited (No. 3)
Journalists' privilege ... Protection of sources ... Informants as distinct from eyewitness ... Journalists' promise of confidentiality ... Claim that the privilege had been waived in the outlines of evidence ... Whether the privilege is destroyed at trial if sources are witnesses ... Stephen Murray reports ... more
Ben Roberts-Smith v The Federal Capital Press of Australia; Ben Roberts-Smith v The Age Company; Ben Roberts-Smith v Fairfax Media Publications
Interlocutory application for the respondent's documents ... Disclosure of source material ... Whether confidentiality has been lost ... Testing the claim of journalistic privilege ... Stephen Murray reports ... more