Seminars, interviews & commentary    November 8, 2021

Lisa Davies

Sydney Morning Herald editor Lisa Davies resigns ... Here she answers the Gazette's questions about changes at the paper during her time at the helm ... The future of print ... Big defamation cases ... The challenge of big tech ... And daily life in the editor's chair ... more

 

Dossier    January 21, 2021

Fresh filings from Melbourne

New cases filed at the end of 2020 in the Victorian County Court and Supreme Court ... Post on Crime Stoppers Facebook page alleging a bodybuilder didn't pay his restaurant bill ... Victorian Labor Party heavyweight sues over Tweet about responsibility for the second Covid wave ... Allegation that hotel security contract was improperly obtained ... James Catlin reports ... more

 

Seminars, interviews & commentary    December 9, 2019

Digital publishers and innocent dissemination

Attorney General Porter's vision for stage two of the defamation reforms ... Social media platforms and liability for third party posts ... It's timely to reprise Patrick George's submission to the Defamation Working Party ... Enforceability tripwires in other jurisdictions ... Immunity ... Role for an independent regulator to adjudicate take-down requests ... more

 

Interlocutory/Case-Management    November 3, 2019

Burns v Gaynor (No. 2)

Expenditure of court resources disproportionate to the vindication sought ... Proportionality as a legal concept "has finally arrived" ... The basis for summarily dismissing long-running proceedings: Corresponding anti-discrimination proceedings in NCAT ... Earlier settlement ... Difficulty in assessing damages ... Limited publication ... Stephen Murray reports ... more

 

Trial reports    July 15, 2019

Wendy Dent v Don Burke

Alleged victim of Don Burke's sexual harassment unsuccessful in ACT Supreme Court defamation proceedings ... Wendy Dent sued over Burke's denials ... Invited to pose topless while auditioning for the role of a mermaid ... Court finds that the nature of an interview with Burke on A Current Affair showed that the former gardening host's denials were without credibility ... Consequently, the broadcast did not give rise to the imputations ... Stephen Murray reports ... more

 

Trial reports    July 8, 2019

Serge Benhayon v Esther Rockett

Solicitor for "charlatan" spiritual healer referred to the Legal Services Commissioner ... Unsatisfactory professional conduct or professional misconduct ... Correspondence with the defendant was bullying and harassing ... Inadequate apology ... Explanations and excuses "hollow and unconvincing" ... Public interest in having breaches in professional standards investigated by the LSC ... Stephen Murray reports ... more

 

Interlocutory/Case-Management    November 26, 2018

Knockouts

Harmonnia Junus v Fairfax Media Publications Pty Ltd; Harmonnia Junus v Sing Tao Newspapers: McCallum J knocks out imputations in the case of the violinist, her violin, her ability as a musician and her father ... Christine Cronau v Elizabeth Nelson: Amended statement of claim knocked out in claim over Facebook posts about dietary disputes ... more

 

Interlocutory/Case-Management    July 7, 2018

Dean Al Sesalim v The Herald and Weekly Times Pty Ltd

Former Manus Island detainee fights The Hun's contextual imputations ... Fair report of a protected matter ... "Poster boy" for asylum seekers ... Use of AAT findings to justify imputations ... Nick Bonyhady reports ... more

 


Legislation    June 7, 2018

NSW urges defamation reform for the cyber age

Defamation law reform ... NSW Department of Justice's statutory review of the Defamation Act, 2005 ... Working group to consider recommendations ... NSW AG Mark Speakman presses federal and state colleagues into action ... Law lagging in the era of social media and internet publishing ... Call for serious harm threshold, proportionality, a single publication rule and ISPs as innocent disseminators with safe harbour protections ... Stephen Murray reports on the report ... more

 

Media Matters    March 8, 2018

No more reform, please

The UK government has announced there will be no new Leveson inquiry into press conduct ... Defamation costs regime under s.40 of the Crime and Courts Act to be repealed ... Press regulation in abeyance despite overwhelming community support for Leveson 2 ... Government appeasement of the publishers ... From Paul Magrath of the Transparency Project ... more

 

Media Matters    February 17, 2018

A crisis in reporting the courts

The Society of Editors in the UK recently hosted a seminar at the offices of the Telegraph Group in London about the decline in court reporting ... Paul Magrath, Alice Twaite and Judith Townend were there, representing the Transparency Project  ... more