Administrative Review Tribunal … Tribunal asserts jurisdiction over eSafety Commissioner’s practice of issuing complaint alerts to internet service providers … Practice adopted where no basis for formal power to issue removal notices … eSafety Commissioner contested jurisdiction as no power had been exercised … Courts Editor Stephen Murray reports … more
Bachelard v Australian Federal Police
Full Court of Federal Court … The Age journalist, Michael Bachelard, has win in appeal over denied access to AFP witness statements and internal investigation report … AAT denied access over confidential sources exemption … Full Court rules this was in error … Failure to give consideration to access to redacted versions of documents … Remitted to Administrative Review Tribunal … Courts Editor Stephen Murray reports … more
Setia v Radio Haanji
County Court of Victoria ... Former restauranteur awarded $95,000 in aggravated damages ... Punjabi radio station posted a Facebook report falsely stating he had been convicted of wage theft, gaoled and subject to a massive fine ... Followed charges for wage theft which were later withdrawn ... Question of serious harm ... Courts Editor Stephen Murray reports ... more
Thurston v Fox Sports Australia Pty Limited
Federal Court of Australia ... Seven Network ordered to pay $200,000 each to three rugby league fans over racial abuse reports ... Claims fans abused indigenous NRL player ... Fox Sports makes out honest opinion defence to claim ... Imputations not conveyed in Nine broadcast ... Courts Editor Stephen Murray reports ... more
Who makes it rain? Profiles of counsel and instructors in defamation damages awards 2020-2024
Updated ... Data journalism ... Profile of leading counsel, juniors and instructors in matters where there was an award of damages between 2020 and 2024 ... Average awards reported for leading counsel ... Appearances by juniors ... Profile of firms instructing counsel ... Average awards by firm ... Courts Editor Stephen Murray reports ... more
Review of defamation damages awards from 2020 to 2024
Updated ... Data journalism ... Review of awards of damages for defamation by Australian courts between 2020 and 2024 ... Decline in number of awards ... Data on quantum of damages ... Data on media defendants ... Profile of awards by court ... Courts Editor Stephen Murray reports ... more
Kyle-Sailor v Heinke (No 2)
Federal Court of Australia … $3 million settlement in class action brought by Palm Island residents against Nine Network approved … Class action followed reports on how earlier class action payments were spent … Funder’s commission approved … Courts Editor Stephen Murray reports … more
Around the courts
Federal Court of Australia ... Suppression orders granted over Fair Work claim by former Seven Network journalist after successful mediation ... Hells Angels boss sues News Corp outlets over "cocaine kingpin" claims ... Extension of time sought for an appeal in plastic surgery review action ... Courts Editor Stephen Murray reports ... more
Gina Edwards v Nine Network Australia Pty Ltd & Ors
Federal Court of Australia ... Sydney barrister Gina Edwards falls out with Giles/George, the lawyers who acted for her in successful defamation action against the Nine Network ... Dispute over costs ... Edwards and Nine in dispute over assessment of costs by referee ... Giles/George granted leave to intervene on limited issue ... Courts Editor Stephen Murray reports ... more
Michelmore v Brown
Supreme Court of Western Australia ... Perth lawyer awarded $160,000 in aggravated damages ... Emails sent to the WA Governor, Chief Justice, Attorney-General, Police Commissioner, judges' associates falsely accusing lawyer of fraud, interfering with witnesses and conspiracy to pervert the course of justice ... Courts Editor Stephen Murray reports ... more
Journalism and the law in 2024: The year in review
The year in review ... 2024 saw actions arising from the political sphere ... Impact from Brittany Higgins' account of her rape continues to reverberate ... Victorian Opposition Leader loses case and his leadership ... Privacy reforms at the legislative and judicial fronts ... Workplace actions in spotlight ... Miscellany ... Courts Editor Stephen Murray reports ... more
Ruddock proposed Federal takeover of defamation laws: Cabinet Papers
National Archives of Australia ... Release of the 2004 Cabinet papers under the 20-Year Rule ... Cabinet considered Federal takeover of defamation laws if States and Territories could not agree on acceptable uniform legislation ... Sticking points included right of corporations to sue and proposals for making an offer of amends ... Courts Editor Stephen Murray reports ... more