Supreme Court of Western Australia ... Perth lawyer awarded $160,000 in aggravated damages ... Emails sent to the WA Governor, Chief Justice, Attorney-General, Police Commissioner, judges' associates falsely accusing lawyer of fraud, interfering with witnesses and conspiracy to pervert the course of justice ... Courts Editor Stephen Murray reports ... more
Journalism and the law in 2024: The year in review
The year in review ... 2024 saw actions arising from the political sphere ... Impact from Brittany Higgins' account of her rape continues to reverberate ... Victorian Opposition Leader loses case and his leadership ... Privacy reforms at the legislative and judicial fronts ... Workplace actions in spotlight ... Miscellany ... Courts Editor Stephen Murray reports ... more
Ruddock proposed Federal takeover of defamation laws: Cabinet Papers
National Archives of Australia ... Release of the 2004 Cabinet papers under the 20-Year Rule ... Cabinet considered Federal takeover of defamation laws if States and Territories could not agree on acceptable uniform legislation ... Sticking points included right of corporations to sue and proposals for making an offer of amends ... Courts Editor Stephen Murray reports ... more
The Game Meats Company of Australia v Farm Transparency International Ltd
Federal Court of Australia ... Abattoir operators succeed in obtaining $130,000 in ordinary and exemplary damages for trespass by animal rights advocacy group ... Fail to obtain injunctions restraining use of video footage purportedly showing animal cruelty ... Claims of injurious falsehood, misleading and deceptive conduct and copyright breach considered ... Courts Editor Stephen Murray reports ... more
Ouda v Hunter
Victorian Court of Appeal ... Childcare operators refused leave to appeal over Supreme Court jury verdicts ... Sued former AFP Commander Todd Hunter and Commonwealth over media conference announcing charges ... Said jury verdicts were not reasonable ... Court of Appeal rules verdicts could be reasonably arrived at ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten Pty Limited & Anor (Costs)
Federal Court ... Network Ten and Lisa Wilkinson separately take issue with findings of referee on costs ... Dispute over reasonable rates for Wilkinson's solicitors ... Disputes over what was reasonably necessary in terms of work by respective legal team ... Network Ten takes issue with work said to duplicate its own efforts or otherwise not necessary ... Courts Editor Stephen Murray reports ... more
Alex Greenwich v Mark Latham
Federal Court ... NSW MLC Mark Latham resists injunctions over defamatory tweet on implied freedom of political communication grounds ... Sydney MP Alex Greenwich believes injunction narrowly confined and would not impede Latham from fair comment ... Argument on costs held off over issue of affidavits on costs agreement and crowdfunding ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten & Anor
Federal Court ... Network Ten and Lisa Wilkinson at loggerheads over referee's report on costs ... Dispute over extent of costs and whether work was reasonably necessary ... Senior counsel for Wilkinson wants quantification of costs by referee ... Justice Lee not impressed matter was not ready for determination ... Courts Editor Stephen Murray reports ... more
Deeming v Pesutto (No 3)
Federal Court of Australia ... Former Victorian Liberal MLC Moira Deeming awarded $300,000 in damages over statements by Opposition Leader John Pesutto ... Statements made to support moves to expel Deeming from the Parliamentary Liberal Party over attendance at rally gatecrashed by neo-Nazis ... Defences of public interest, honest opinion, Lange qualified privilege and contextual truth rejected ... Courts Editor Stephen Murray reports ... more
Spotlight on McClintock
Former defamation silk takes the podium … Speech and fielding questions in clubland … Jabs at enemies … Why fewer punters are suing … Cross-examining journalists … Fun cases … When not to sue … From Richard Ackland … more
Seven Network (Operations) Limited v Greiss
Full Court of the Federal Court ... Seven Network and courts reporter Leonie Ryan succeed in appeal ... Appealed award of nearly $38,000 to Sydney man over reports he had spat in direction of a rape complainant outside court ... Error found in rejection of substantial truth defence for Facebook post ... Cross appeal on contextual truth defence rejected ... Courts Editor Stephen Murray reports ... more
Ivory v Howard
Federal Court of Australia ... Drag racing enthusiast awarded $75,000 in aggravated damages ... Sued over Facebook posts ... Allegations of serious criminal activity, stalking, drug taking ... Default judgment after respondent failed to appear ... Courts Editor Stephen Murray reports ... more