Appeals    May 20, 2025

Roberts-Smith v Fairfax Media Publications Pty Limited (Appeal)

Full Court of Federal Court of Australia ... Full Court published open court reasons for dismissing Ben Roberts-Smith's appeal against dismissal of his defamation action ... Appropriate weight given to standard of proof and presumption of innocence ... Roberts-Smith's action in one instance described as reckless and brazen ... Courts Editor Stephen Murray reports ... more

 

Costs    May 18, 2025

David Mond v The Age Company Pty Ltd & Ors

Federal Court of Australia ... Submissions on costs following David Mond's successful action against the Nine newspapers ... Nine newspapers agree Mond entitled to costs but fairness requires not all costs be met ... Mond submits final offer rejected over question of whether journalist with shared byline was a publisher ... Ruling on interest ... Courts Editor Stephen Murray reports ... more

 

Appeals    May 16, 2025

Roberts-Smith v Fairfax Media Publications Pty Limited (Appeal)

Full Court of Federal Court of Australia ... VC recipient Ben Roberts-Smith loses appeal over dismissal of defamation action ... Fails in bid to have new trial as a result of miscarriage of justice ... Reasons to be published following Commonwealth scrutiny ... Roberts-Smith flags High Court appeal ... Courts Editor Stephen Murray reports ... more

 

Costs    May 16, 2025

Deeming v Pesutto

Federal Court of Australia ... Former Victorian Opposition Leader John Pesutto faces prospect of paying colleague Moira Deeming $2.308 million in costs ... Determination made by Senior National Registrar Alison Legge ... Consideration of gifts and loans in respect of indemnity principle ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    May 14, 2025

Adam Houda v Australian News Channel Pty Ltd & Ors

Federal Court of Australia ... Justice Michael Wigney raises possibility of jury trial to determine factual issues ... High profile lawyer Adam Houda is suing Sky News and Andrew Bolt over "Jew hatred" claims ... Expert evidence canvassed ... Dates preserved for trial in February 2026 ... Courts Editor Stephen Murray reports ... more

 

Costs    May 14, 2025

Wellington v Metcalf (No 2)

Supreme Court of Victoria ... Successful defamation plaintiff found to be liable for lawyers fees despite voided costs agreement ... Defendant submitted indemnity principle breached ... Oral agreement for no win/no fee arrangement voided agreement ... No breach of indemnity principle ... Courts Editor Stephen Murray reports ... more

 

Contempt    May 14, 2025

Michelmore v Brown (No 5)

Supreme Court of Western Australia ... Two former clients of Perth commercial lawyer who defamed her in an email sent to government and legal figures found to be in contempt ... Breached injunctions preventing repetition of defamatory imputations ... Statement of claim provided to pseudo-law common law jury ... Courts Editor Stephen Murray reports ... more

 

Damages    May 8, 2025

Mond v The Age Company Pty Limited

Federal Court of Australia ... Melbourne Jewish community leader is awarded $120,000 in damages ... Follows publication of defamatory statements in CBD column in The Age and the Sydney Morning Herald ... Defences of justification, honest opinion and public interest journalism fail ... Courts Editor Stephen Murray reports ... more

 



Contempt    May 1, 2025

Antoinette Lattouf v Australian Broadcasting Corporation

Federal Court of Australia ... Pro-Israel lobbyists who sought removal of presenter Antoinette Lattouf claim there has been breach of suppression orders ... Seeking referral of senior Nine newspaper editors and Nine lawyers to Registrar for contempt ... Sue Chrysanthou SC claims stonewalling by Nine ... Tom Blackburn SC, counsel for Nine, seeks better particulars ... Courts Editor Stephen Murray reports ... more

 

Appeals    April 29, 2025

Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press

Federal Court of Australia ... Application by MinterEllison lawyers Peter Bartlett and Dean Levitan to set aside subpoenas from Ben Roberts-Smith ... Roberts-Smith seeks to re-open appeal to advance allegations of misconduct by journalist Nick McKenzie ... Lawyers for Bartlett and Levitan submit subpoenas amount to abuse of process ... Courts Editor Stephen Murray reports ... more