Supreme Court of Western Australia ... Mining safety training operator fails in bid to stay proceedings against them as an abuse of process ... Followed settlement of a claim for breach of copyright ... Issues in dispute and parties were not so similar as to constitute an abuse ... Strike out application refused ... Editor Stephen Murray reports ... more
Hoser v Pelley
Federal Circuit and Family Court of Australia … Snake catcher Raymond Hoser has defamation action against rival dismissed … Severable controversy from trademark infringement claims … Lack of jurisdiction … Claim brought out of time … No grounds for extension … Editor Stephen Murray reports … more
X Corp. and eSafety Commissioner
Administrative Review Tribunal … X Corp and anti-trans campaigner succeed in challenge to removal notice from eSafety Commissioner … Followed campaigner’s post misgendering and insulting trans man … Concept of ordinary reasonable person considered … Intention element addressed … Post not targeted at complainant … Editor Stephen Murray reports … more
Wertheim v Haddad
Federal Court of Australia … Islamic preacher and teacher ordered to take down inflammatory lectures from social media … Follows ruling that the lectures racially vilified Jews … Defences of public interest, implied freedom of political communication and free exercise of religion rejected … Corrective notice to be published … Editor Stephen Murray reports … more
McVicker v Nine Digital Pty Ltd (No 2)
Supreme Court of Queensland ... Unsuccessful plaintiff ordered to pay costs of Nine Digital on partial indemnity basis ... Followed dismissal of proceeding which could not be commenced as agreement following offer of amends had been performed ... Reasonable offer from Nine Digital ... Partial indemnity costs followed delay in offer ... Editor Stephen Murray reports ... more
Antoinette Lattouf v Australian Broadcasting Corporation
Federal Court of Australia ... Interlocutory application to have alleged contempts referred to Federal Court Registrar ... Follows orders suppressing identities of complainants to the ABC concerning Antoinette Lattouf ... Applicants contend respondents should be held to account ... Respondents challenge interpretation and breadth of orders ... Courts Editor Stephen Murray reports ... more
Lattouf v Australian Broadcasting Corporation (No 2)
Federal Court of Australia … Federal Court rules journalist Antoinette Lattouf was unfairly dismissed by the ABC … Followed removal from on-air fill in stint on ABC Radio Sydney over social media post on Israel/Gaza war … Decision to terminate employment in response to concerted pro-Israel lobbying and imminent adverse media coverage … Courts Editor Stephen Murray reports … more
Michelmore v Brown (No 7)
Supreme Court of Western Australia ... Two former clients of Perth lawyer sentenced to 30 days imprisonment for contempt ... Followed defamation of lawyer resulting in damages and injunctions ... Injunctions breached by lodging statement of claim with sovereign citizens jury ... Contemnors insist on lack of jurisdiction for Supreme Court ... Courts Editor Stephen Murray reports ... more
Bottrill v Graham (No 2)
District Court of NSW … Former public servant establishes serious harm from podcast claims … Issue of whether establishing serious harm requires rulings on imputations … Whether serious harm can be established by inferences … No requirement for “mini-trials” … Submissions using Generative AI … Courts Editor Stephen Murray reports … more
Getting ready for the new privacy tort
Seminar hosted by Johnson Winter Slattery on the new tort of serious invasion of privacy ... Perspectives from the experience in England and Wales ... Journalism exemption the "elephant in the room" ... Likely issues for judicial consideration ... Scope for injunctions ... Importance of test cases ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
High Court of Australia ... Victoria Cross recipient Ben Roberts-Smith seeks special leave to appeal Full Federal Court decision ... Full Court rejected appeal saying weight of evidence told against Roberts-Smith ... Roberts-Smith says contemporaneous records should be preferred ... Courts Editor Stephen Murray reports ... more
Wilks v Qu
Victorian Court of Appeal ... Powerlifting coach loses application for leave to appeal ... Abuse of process claim accepted as shorthand for events and pattern of behaviour ... Question whether particulars establishes rape a matter for trial ... "Floating particulars" relevant to pleadings ... Courts Editor Stephen Murray reports ... more