Supreme Court of NSW ... Plaintiff suing defendant over email to MidCoast Council lawyer and employee ... Reference to police complaints about vandalism to property ... Subpoena to Police Commissioner for records of complaints ... Defendant submits subpoena abuse of process ... Likely claim for absolute privilege ... Editor Stephen Murray reports ... more
Hamilton-Triebels v Dwyer
District Court of Queensland … Brisbane man has action struck out … Suing over financial regulator finding … Disputing he had a variable rate loan with bank … AFCA claims immunity over statements made in accordance with complaint code … Failure to articulate a defamation claim … No loss from defamation or damage to reputation … Editor Stephen Murray reports … more
Latham v Greenwich
Federal Court of Australia ... Independent MP Alex Greenwich loses bid to obtain freezing order over proceeds of sale of Mark Latham's property ... Expressed fear assets would be dissipated, preventing satisfaction of damages and costs orders ... Pointed to early transactions significantly undervaluing property ... Without more, Court not satisfied of risk of dissipation ... Editor Stephen Murray reports ... more
X Corp v eSafety Commissioner
Federal Court of Australia … X Corp has win against eSafety Commissioner … X Corp sought declaration it was not covered by electronic services standard as it was covered by social media services code … eSafety Commissioner argued this would allow industry participants to self select sector … Justice Raper says entities defined by legislation … Declares X a social media platform … Editor Stephen Murray reports … more
Mark Latham v Alex Greenwich
Federal Court of Australia ... Alex Greenwich MP seeks freezing order over sale of NSW Upper House MP Mark Latham's property ... Follows awards of damages in Federal Court and NSW Civil and Administrative Tribunal ... Fear of danger of dissipation ... Earlier transactions of concern ... Latham says fears unfounded ... Editor Stephen Murray reports ... more
Onakoya v The Sydney Children’s Hospitals Network (No 5)
Supreme Court of NSW ... Application to set aside orders refusing strike out application for defence refused ... Parents suing Sydney Children's Hospital over abuse notification ... Submitted irregularity from refusal to produce documents underpinning defence ... Alleged denial of procedural fairness ... Not a function of an application under the Rules ... Editor Stephen Murray reports ... more
Spencer v Nine Entertainment & Ors
Supreme Court of Victoria ... Respiratory physician is suing Nine Entertainment, The Age Company and a journalist on The Age over report of coronial finding over death of his wife ... Default judgment obtained irregularly ... Legal entities wrongly identified ... No evidence of Form 1 Notice ... Fails to obtain default judgment over A Current Affair story ... Editor Stephen Murray reports ... more
Chompuchan v Srimongkol (No 2)
District Court of NSW ... Real estate agents and firm obtain costs on an indemnity basis ... Follows award of over $1 million to firm and agents over Facebook posts by former colleague ... Concerns notice offer not reasonable ... Calderbank offers found to be reasonable ... Counter-offer not reasonable ... Editor Stephen Murray reports ... more
Kandola v Holliday-Smith
Federal Circuit and Family Court of Australia ... Air conditioning technician awarded $20,000 in damages over one star Google Maps review ... Liability for damages after one imputation not defended with justification defence ... Evidence not contested on other imputations ... Damage mitigated ... Editor Stephen Murray reports ... more
Hooper v Phipps (No 4)
District Court of NSW ... Former councillor suing council and council officer discontinues proceeding ... Application by defendants for indemnity costs rejected ... Health considerations do not trump s.40 of Defamation Act ... Offers to settle were not rejected unreasonably ... Action not an abuse of process ... Editor Stephen Murray reports ... more
Sandilands v Commonwealth Broadcasting Corporation Pty Ltd
Federal Court of Australia ... Court declares no implied undertaking concerning information contained in affidavits filed by Kyle Sandilands and his business manager ... Affidavits filed as deed of release was being executed ... Justice Stewart says information provided in affidavits as evidence to be relied on is not compulsorily produced ... Choice to provide information contained in affidavits ... Editor Stephen Murray reports ... more
Responses to Hanson v Faruqi
Full Court of Federal Court of Australia ... One Nation Senator Pauline Hanson and Greens Senator Mehreen Faruqi issue statements ... Follows loss of appeal by Hanson over breach of Racial Discrimination Act ... Hanson considers appeal ... Dangers for freedom of speech ... Faruqi welcomes outcome ... Hate speech is not free speech ... Editor Stephen Murray reports ... more

