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


Sources    December 9, 2018

Jensen v Nationwide News Pty Ltd (No 5)

Former Liberal Party MP sues over reports about his preselection and his novel ... Protection of journalist's sources ... Newspaper rule ... Evidence Act (WA) ... Sources and assessment of QP reasonableness ... The balance of considerations against disclosure ... Public interest ... Carmel Galati reports ... more


Sources    May 25, 2016

Helen Liu v The Age Company Limited & Ors

Devastating judgment for journalism as the NSW Court of Appeal overturns the permanent staying of a preliminary discovery order … The Age is obliged to reveal its sources as part of an effective remedy in defamation … Hannah Ryan reports ... more


Sources    December 15, 2015

Protecting journalist sources

Slowly but surely Australian courts are applying the new shield laws protecting journalists from disclosing their sources … Media lawyer Peter Barlett reviews this trend in the wake of an important Victorian decision ... more


Sources    December 10, 2015

Antonio Madafferi v The Age & Ors

Strong judgment in favour of the protection of sources … Melbourne man named as mafia boss by The Age loses bid to identify the sources for a series of stories … Journalist privilege prevails ... more


Sources    November 14, 2015

Draft Bill “will give police routine access to sources”

Journalists’ sources under threat in the UK as parliament prepares to ratify the Investigatory Powers Bill … Gavin Millar QC warns that clause 61 could be used routinely by police to identify confidential contacts … This article from Media Lawyer ... more


Sources    March 25, 2015

Helen Liu v The Age Company Ltd & Ors

The Age wins battle to protect confidential sources five years after Chinese Australian businesswoman Helen Liu first wanted to find out who they were … Protection comes at a high price – the statutory qualified privilege defence – as Justice Lucy McCallum stays her original disclosure order ... more


Sources    April 24, 2014

Dr Edmund Bateman v Fairfax Media Publications Pty Ltd

NSW Supreme Court Justice Lucy McCallum considers the “newspaper rule” afresh, this time in relation to the defences of honest opinion and comment … Fairfax must disclose sources or forfeit those defences … Rebecca Gall reports ... more