Federal Court ... Sydney barrister Gina Edwards awarded $150,000 in aggravated damages after A Current Affair broadcasts ... Defamed by allegations she stole Oscar the cavoodle for her own financial benefit ... Justification defence fails ... Contextual truth defence rejected ... Deceptive means of obtaining Oscar mitigates damages ... Courts Editor Stephen Murray reports ... more
Uni student settles with Seven over erroneous murder reports
University student Ben Cohen settles with Seven Network following reports he was the Bondi Junction knife attacker … Was named on air twice and in social media … Seven unreservedly apologises for harm to Cohen and family … Lawyers instructed to pursue wrongful identification by others on social media with NSW Police … Courts Editor Stephen Murray reports … more
Bruce Lehrmann v Network Ten Pty Limited & Anor (Cross claims)
Federal Court ... Lisa Wilkinson takes issue with Network Ten's submissions concerning the costs for which she should be indemnified following retention of separate counsel ... Network Ten proposes issues be divided into common and non-common issues ... Wilkinson says this attempts to relitigate what had been rejected ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten Pty Limited & Anor
Federal Court ... Network Ten seeks costs on indemnity basis owing to wicked and calculated basis for proceedings ... Relies on Calderbank offer ... Lisa Wilkinson submits costs should follow event ... Bruce Lehrmann concedes findings leave him on hook for indemnity costs ... Courts Editor Stephen Murray reports ... more
Lehrmann v Network Ten & Anor
Federal Court ... Detailed look at Justice Michael Lee's rejection of qualified privilege defence mounted by Network Ten and Lisa Wilkinson ... Did Justice Lee adopt a counsel of perfection in sharp observations regarding the reasonableness of Network Ten and Wilkinson's conduct ... Courts Editor Stephen Murray reports ... more
Around the courts
Federal Court ... Sydney developer Jean Nassif seeks reinstatement of defamation proceedings against 2GB and Ray Hadley ... Respondents' counsel submits weak case for reinstatement ... Federal Court ... Sydney businessman loses application for stay of proceedings pending application for leave to appeal ... Courts Editor Stephen Murray reports ... more
Justice Lee damns them all
The Lehrmann case's collateral damage ...Cultural and political conflicts ... Adverse credit findings ... Breach of undertakings ... Unreasonable journalistic conduct ... Further investigations ... Prospect of appeal ... Graham Hryce comments ... more
Greiss v Seven Network Operations Ltd (Costs)
Federal Court ... Sydney man awarded costs on party and party basis to be determined as if proceedings commenced in NSW District Court ... Justice Anna Katzmann said award of $35,000 and interest was a modest win ... No reason proceedings could not have been commenced in District Court ... Courts Editor Stephen Murray reports ... more
Selkirk v Wyatt
Federal Court ... Sydney solicitor loses Full Court appeal on serious harm element ... Full Court rules s.10A of the Defamation Act does away with common law presumption of damage, and any presumption of good reputation ... Evidence of bad prior reputation can be taken into account ... Courts Editor Stephen Murray reports ... more
Lehrmann v Network Ten Pty Limited (Trial Judgment)
Federal Court ... Former Liberal staffer Bruce Lehrmann loses defamation action against Network Ten and Lisa Wilkinson ... Justice Michael Lee finds Lehrmann raped Brittany Higgins in ministerial office ... Findings on credit ... Qualified privilege defences fail ... Reactions ... Courts Editor Stephen Murray reports ... more
Winn v Thompson
Federal Court ... Former Executive Dean of School of Education at Edith Cowan University is suing Nine newspapers over report of resignation ... Imputations of bullying, intimidation and gaslighting ... Respondents seek to amend pleadings with new particulars of substantial truth ... Leave refused ... Leave to replead granted ...Courts Editor Stephen Murray reports ... more
Around the courts
Federal Court ... D-Day looms for property developer Jean Nassif in action against 2GB ... WA Supreme Court ... Public Advocate asked to assess doctor's fitness to pursue action against fellow doctor, or if a next friend is needed ... Federal Circuit and Family Court ... Damages awaiting assessment not debt provable in bankruptcy ... Courts Editor Stephen Murray reports ... more