Privacy    November 8, 2024

Campbell at 20

How equity gave birth to a tort ... The development of the law of privacy ... Conference in London to mark 20 years since Naomi Campbell v Mirror Group Newspapers ... Breach of confidence ... Remedies ... Editorial latitude ... Leading cases ... Pointers for serious invasions of privacy in Australia ... Emeritus Professor Barbara McDonald reports ... more

 

Appeals    November 6, 2024

Bruce Lehrmann v Network Ten Pty Limited & Anor

Federal Court of Australia ... Bruce Lehrmann's appeal against dismissal of his defamation action not likely to be heard before August 2025 ... Preferred counsel not available for March tranche of appeal hearings ... Identity of counsel shrouded in mystery ... Fear of trolling and harassment ... Courts Editor Stephen Murray reports ... more

 

Social Media    November 1, 2024

Faruqi v Hanson

Federal Court of Australia … Senator Pauline Hanson flags appeal against decision she racially discriminated against Greens Senator Mehreen Faruqi … Says she is disappointed by decision … Faruqi welcomes decision, says it draws a line that hate speech is not free speech … Courts Editor Stephen Murray reports … more

 

Interlocutory/Case-Management    November 1, 2024

Hun v Al Jazeera International (Malaysia) SDN BHD (No 3)

Federal Court of Australia ... Al Jazeera has justification particulars struck out ... Sought to defend documentary making claims about nephew of former Cambodian Prime Minister ... Particulars of public interest defence survive ... Matter best left for trial ... Courts Editor Stephen Murray reports ... more

 

Social Media    November 1, 2024

Faruqi v Hanson

Federal Court of Australia … Court finds that Senator Pauline Hanson breached s.18C of the Racial Discrimination Act over tweet … Senator Mehreen Faruqi claimed tweet targeted her as an immigrant, person of colour and Muslim … Defence of fair comment rejected … Implied freedom of political communication considered … Courts Editor Stephen Murray reports … more

 

Damages    October 31, 2024

Hallam v O’Connor and Pyne

District Court of Queensland ... Former local government peak body chief awarded over $500,000 in aggravated and special damages and interest ... Former MP and activist were sued over Facebook posts ... Plaintiff likened to Jabba the Hutt in one post ... Reflections on his integrity ... Courts Editor Stephen Murray reports ... more

 

Dossier    October 31, 2024

Around the courts

NSW Court of Appeal - Application for extension of time to appeal District Court decisions on dismissal and costs refused ... Grounds for appeal lacked merit ... No explanation for delay ... NSW Court of Appeal - Notice of appeal struck out as contingent damages assessed below threshold for leave as of right ... Courts Editor Stephen Murray reports ... more

 

Dossier    October 30, 2024

Around the courts

Federal Court - Opposition senator ordered to pay $1500 costs over default in filing defence ahead of first case management hearing ... Federal Court - Strike out application in proceedings against Al Jazeera ... NSW District Court - Part-heard trial to proceed after belated discovery ... Courts Editor Stephen Murray reports ... more

 

Privacy    October 28, 2024

Waller (a pseudonym) v Barrett (a pseudonym)

County Court of Victoria ... Court recognises tort of invasion of privacy ... Recognised as bifurcation of breach of confidence ... Action by estranged daughter over father's interviews with mass media publications ... Individual right to human dignity and autonomy ... Courts Editor Stephen Murray reports ... more

 

Trial reports    October 27, 2024

Moira Deeming v John Pesutto

Federal Court of Australia ... Final days of closing submissions in proceedings brought by former Liberal MLC Moira Deeming against Opposition Leader John Pesutto ... Dr Matt Collins KC makes closing submissions for Pesutto ... Rejects case theory that controversial associations were a pretext for expulsion ... Courts Editor Stephen Murray reports ... more

 

Social Media    October 24, 2024

eSafety Commissioner v X Corporation

AAT settlement … Reform of the classification regime … The difficulty in classifying the Wakely church stabbing … Online material … Rosencrantz and Guildenstern Are Dead … Review of the Online Safety Act … Rob Nicholls comments … more

 

Media Matters    October 23, 2024

No more Rivers of Gold

Australia is among the most concentrated media markets in the world … Economic dominance in key sectors … NBN and its consequences … Google and Meta occupy top spots in the top ten … Rob Nicholls breaks down the report into concentration of media and communications … more