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
Edwards v Nine Network Australia Pty Limited (No 8)
Federal Court of Australia ... High profile law firm Giles George loses bid to prevent media access to exhibit containing costs agreement with client ... Suppression application denied ... Nothing "unique or surprising" or commercially sensitive in exhibit ... Media application to obtain access granted ... Courts Editor Stephen Murray reports ... more
Thurston v Fox Sports Australia Pty Limited (No 2)
Federal Court of Australia ... Three NRL fans ordered to pay 75 percent of Fox Sports costs on party/party basis and all of Nine's costs on party/party basis after losing defamation action against them over racial abuse claims ... Indemnity costs avoided as rejection of offer was not unreasonable ... Settlement monies from Seven to be held on trust pending assessment of costs ... Courts Editor Stephen Murray reports ... more
Onakoya v The Sydney Children’s Hospital Network
Supreme Court of NSW ... Parents refused leave to file proposed amended statement of claim ... Directions for new claim ... Suing over reports of shaking injury made by forensic paediatrician to child protection authorities ... Rulings on capacity, imputations differing in substance, single meaning rule, republication, aggravation and irrelevant pleadings ... Courts Editor Stephen Murray reports ... more
Harvey v Henderson
Supreme Court of NSW ... Wildlife carer awarded $65,000 in damages over fraud and misappropriation claims ... Sued over emails and social media posts ... Defendants failed to make out fraud or dishonesty ... Qualified privilege community of interest made out for some of the emails ... Courts Editor Stephen Murray reports ... more
MG v PJ
Queensland Court of Appeal … Appeal over dismissal of proceeding following failure to establish serious harm element fails … Appellant sued brother-in-law and nephew over statements to police resulting in protection notices … Correctness standard applies to evaluation of s.10A … Distillation of principles concerning application of s.10A … Courts Editor Stephen Murray reports … more
William Thurston & Ors v Fox Sports Australia Pty Ltd & Ors
Federal Court of Australia ... Costs argument in action brought by three men ejected from NRL game over racial abuse claims ... Settlement with Seven Network following damages judgment ... Fox Sports and Nine seek preservation of settlement sum pending resolution of costs issues ... Indemnity costs sought ... Courts Editor Stephen Murray reports ... more
EFG (a pseudonym) v Trnka & Anor (Ruling)
County Court of Victoria ... Elite sports instructor and aspiring teacher obtains pseudonym orders in defamation action ... Publication confined to small sporting community ... Fears risk of publicity from media reporting ... Court rules necessary for administration of justice ... Open justice not an absolute ... Courts Editor Stephen Murray reports ... more
Sherrington v Independent Commissioner Against Corruption & Anor
Supreme Court of Northern Territory … Former school principal and her partner sue the NT ICAC and the NT over adverse ICAC findings … Defamation action against ICAC summarily dismissed … Application by principal to substitute NT for ICAC … Courts Editor Stephen Murray reports … more
Around the courts
NSW District Court ... Leave granted to bring in fresh proceedings after issue with initial concerns notice ... Default judgment can only occur after consideration of imputations and serious harm ... Queensland Court of Appeal ... Partial costs ordered after plaintiff fails to lodge security for costs ... Courts Editor Stephen Murray reports ... more