Appeals    July 14, 2024

Lakaev v McConkey

Tasmanian Supreme Court ... Psychologist has appeal dismissed for want of prosecution ... Sought to appeal dismissal of action brought against former self-development community adherent ... Sought to challenge findings of justification for sixteen imputations ... Little prospects of success ... Prejudice to respondent ... Courts Editor Stephen Murray reports ... more

 

Litigation    July 13, 2024

Amanda Ghost & Ors v Rebel Wilson & Ors

Superior Court of California … Australian comic actress Rebel Wilson sued by producers of her directorial debut … Follows claims by Wilson of embezzlement and sexual harassment … Plaintiffs allege falling out over writing credits and music licensing … Punitive damages sought … Courts Editor Stephen Murray reports … more

 

Damages    July 7, 2024

Lazos v West Australian Newspapers (No 2)

Western Australian Supreme Court ... Former public servant awarded $180,000 over fraud charges report in The West Australian ... Article claimed plaintiff was "top public official" ... Imputation that he behaved dishonestly ... Fair report and fair summary defences rejected ... Qualified privilege defences rejected ... Courts Editor Stephen Murray reports ... more

 

Costs    July 5, 2024

Courtney v Maguire (Costs ruling)

County Court of Victoria ... Retired businessman awarded standard costs after award of $125,000 in aggravated damages over brumby posts on Facebook ... Both sides sought indemnity costs ... No special circumstances on either side ... Indemnity costs for costs thrown away by vacation of trial date ... Courts Editor Stephen Murray reports ... more

 

Seminars, interviews & commentary    July 1, 2024

Network Ten wants $200,000 security for Lehrmann’s appeal

Graham Hryce argues that the Federal Court should reject Ten's costs application for Lehmann's appeal ... Important principles of law to be determined ... Impecuniosity should not be a bar ... The meaning of "rape" ... more

 

Legislation    July 1, 2024

Digital defamation deformation

Reform of defamation law relating to digital publications in disarray ... Stage 2 amendments dealing with online intermediaries ... Fragmentation ... Incentive for the Commonwealth to step in ... Anachronism prevails ... Report from Kevin Lynch and Hamish Lennon ... more

 

Costs    June 30, 2024

Metcalf v Wellington

Court of Appeal (Victoria) ... Ratepayer refused stay on hearing for taxation of costs ... Followed award of $100,000 in damages to local councillor ... No special circumstances warranting stay ... Councillor entitled to fruits of indemnity costs ... Undertaking to keep costs in trust account pending any appeal ... Courts Editor Stephen Murray reports ... more

 

Litigation    June 28, 2024

Linda Reynolds v Brittany Higgins

Western Australian Supreme Court … Trial date in August set for proceedings brought by Senator Linda Reynolds against former staffer Brittany Higgins … Reynolds suing over social media posts she claims conveys imputations of bullying and harassment, wanting to silence sexual assault survivors … Aggravated damages sought … Courts Editor Stephen Murray reports … more

 

Costs    June 27, 2024

Bruce Lehrmann v Network Ten Pty Limited & Anor

Federal Court ... Bruce Lehrmann ordered to pay lump sum costs of $2 million to Network Ten for unsuccessful defamation action ... Costs awarded on partial indemnity basis ... Offer of $558,548 from Network Ten to Lisa Wilkinson to be paid forthwith ... Terms of reference to referee agreed ... Courts Editor Stephen Murray reports ... more

 

Dossier    June 26, 2024

Around the courts

Federal Court ... AFP officers abandon claim against ACT Government and former DPP Shane Drumgold ... Federal Court ... Five week trial in mid 2025 set down for action brought by senior NSW police commander against 2GB and Ray Hadley ... Courts Editor Stephen Murray reports ... more

 

Appeals    June 26, 2024

Poland v Hedley

The Court of Appeal (Western Australia) ... Developer has another chance at repleading defamation and conspiracy claims with proper particulars ... Appeals court says nothing in primary decision precludes further application for leave to replead ... Arguable question of whether political respondents were publishers ... Courts Editor Stephen Murray reports ... more

 

Costs    June 21, 2024

Gina Edwards v Nine Network Australia Pty Ltd & Ors

Federal Court ... Sydney barrister awarded partial indemnity costs ... Found to be defamed by A Current Affair stories alleging she had stolen celebrity cavoodle ... Justice Michael Wigney rejects respondents' claims of disentitling conduct ... Awards indemnity costs from time of offer of compromise ... Courts Editor Stephen Murray reports ... more