Sources    May 10, 2022

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

 

Sources    February 21, 2022

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

 

Sources    November 16, 2021

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

 

Sources    July 13, 2021

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

 

Sources    July 5, 2021

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

 

Sources    August 17, 2020

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

 

Sources    February 19, 2020

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

 

Sources    January 10, 2020

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

 


Sources    October 29, 2019

Australian Broadcasting Corporation v Martin Kane & Others

AFP says source immunity for journalists is limited ... MEAA code of ethics should be read down ... Warrant proportionate to the importance of the matter under investigation ... Defence Act ... No direct connection between ABC's Afghan report and David McBride ... Decision reserved ... Stephen Murray reports ... more

 

Sources    October 28, 2019

Australian Broadcasting Corporation v Martin Kane & Others

Challenge to the AFP search warrant on the ABC's HQ ... The Afghan Files ... AFP officer said the public interest defence was "only a defence" ... Other stories threatened ... Potential impact of the raid on journalism and sources of public interest information ... Free press ... Implied freedom of political communication ... Warrant too wide and uncertain ... Stephen Murray reports ... more

 

Sources    January 16, 2019

Jensen v Nationwide News Pty Ltd [No.6]

Former Liberal politician failed in an earlier attempt to discover journalist's sources ... Now he attempts to subpoena Telstra for journalist's record of phone communications ... WA Chief Justice Quinlan upholds part of plaintiff's subpoena for information from The Australian and its journalist Andrew Burrell ... However, the sources are off limits ... Journalist's counter-claim against the plaintiff ... Janek Drevikovsky reports ... more