Litigation    November 20, 2024

McCullagh v Northern Midlands Council, Knowles and Jennings

Supreme Court of Tasmania … Mayor and General Manager ordered to reimburse council costs paid for mounting defamation action … Pair sued community activist turned councillor over social media posts and emails … Council resolution to meet costs of litigation declared void and of no effect … No basis to fund private litigation … Courts Editor Stephen Murray reports … more

 

Seminars, interviews & commentary    November 20, 2024

“Reasonableness” & a Code of Conduct? – Speech by Justice Michael Lee to CAMLA

Federal Court of Australia ... Justice Michael Lee addresses the Communication and Media Law Association (CAMLA) ... Survey of the requirement of reasonableness in statutory qualified privilege and public interest defences ... Call for single code of conduct for media to better reflect the law ... Courts Editor Stephen Murray reports ... more

 

Settlements    November 13, 2024

Richard Gregg v PricewaterhouseCoopers & Anor

Federal Court of Australia … Former PwC partner Richard Gregg reaches settlement with firm and former acting chief executive … Sued over statements linking him to breach of confidentiality in connection with anti-tax avoidance measures … Follows success in NSW Supreme Court … Courts Editor Stephen Murray reports … more

 

Damages    November 12, 2024

Bailey v McCrae & Ors (Civil Dispute)

ACT Civil and Administrative Tribunal ... Woman awarded $10,000 in aggravated damages ... Defamed by livestreamed interview on libertarian YouTube channel ... Accusations she was involved in child trafficking and child abuse network ... Tribunal rejects claim against alleged publisher ... Courts Editor Stephen Murray reports ... more

 

Settlements    November 11, 2024

Glen Bartlett v Kate Roffey & Ors

Federal Court of Australia … Former Melbourne AFL club president Glen Bartlett settles defamation action against figures associated with the club and the AFL … Settled on confidential terms … Proceedings formally discontinued … Joint statements from Bartlett and Melbourne, Bartlett and AFL … Courts Editor Stephen Murray reports … more

 

Privacy    November 8, 2024

Campbell at 20

How equity gave birth to a tort ... The development of the law of privacy ... Conference in London to mark 20 years since Naomi Campbell v Mirror Group Newspapers ... Breach of confidence ... Remedies ... Editorial latitude ... Leading cases ... Pointers for serious invasions of privacy in Australia ... Emeritus Professor Barbara McDonald reports ... more

 

Appeals    November 6, 2024

Bruce Lehrmann v Network Ten Pty Limited & Anor

Federal Court of Australia ... Bruce Lehrmann's appeal against dismissal of his defamation action not likely to be heard before August 2025 ... Preferred counsel not available for March tranche of appeal hearings ... Identity of counsel shrouded in mystery ... Fear of trolling and harassment ... Courts Editor Stephen Murray reports ... more

 

Social Media    November 1, 2024

Faruqi v Hanson

Federal Court of Australia … Senator Pauline Hanson flags appeal against decision she racially discriminated against Greens Senator Mehreen Faruqi … Says she is disappointed by decision … Faruqi welcomes decision, says it draws a line that hate speech is not free speech … Courts Editor Stephen Murray reports … more

 

Interlocutory/Case-Management    November 1, 2024

Hun v Al Jazeera International (Malaysia) SDN BHD (No 3)

Federal Court of Australia ... Al Jazeera has justification particulars struck out ... Sought to defend documentary making claims about nephew of former Cambodian Prime Minister ... Particulars of public interest defence survive ... Matter best left for trial ... Courts Editor Stephen Murray reports ... more

 

Social Media    November 1, 2024

Faruqi v Hanson

Federal Court of Australia … Court finds that Senator Pauline Hanson breached s.18C of the Racial Discrimination Act over tweet … Senator Mehreen Faruqi claimed tweet targeted her as an immigrant, person of colour and Muslim … Defence of fair comment rejected … Implied freedom of political communication considered … Courts Editor Stephen Murray reports … more

 

Damages    October 31, 2024

Hallam v O’Connor and Pyne

District Court of Queensland ... Former local government peak body chief awarded over $500,000 in aggravated and special damages and interest ... Former MP and activist were sued over Facebook posts ... Plaintiff likened to Jabba the Hutt in one post ... Reflections on his integrity ... Courts Editor Stephen Murray reports ... more

 

Dossier    October 31, 2024

Around the courts

NSW Court of Appeal - Application for extension of time to appeal District Court decisions on dismissal and costs refused ... Grounds for appeal lacked merit ... No explanation for delay ... NSW Court of Appeal - Notice of appeal struck out as contingent damages assessed below threshold for leave as of right ... Courts Editor Stephen Murray reports ... more