Serious harm element in Defamation Act ... Preliminary determination of serious harm ... Special circumstances ... Consideration of Bottrill v Graham (No 2) ... Holdings in other cases ... Factors to be considered in opting for preliminary determination ... Nathan Buck, Partner at Kennedys, weighs up the benefits and downsides ... more
R v Millan
Western Australian District Court ... Victorian media coalition call for change to mental health grounds for suppression orders ... Western Australian test is "interests of justice" ... Judicial consideration of application for suppression of identity on potential harm to mental health grounds ... Nick Stagg, Patrick McCarthy and Jack Winchester of Steedman Stagg Lawyers offer their perspective ... more
The State of Play – Limitations to Public Interest Journalism in Victoria in 2025
Academic research finds that public interest reporting of court proceedings and government matters in Victoria is at crisis point ... Nearly half of nation's suppression orders in 2023 were issued in Victoria ... Freedom of information needs reform ... Chief Justice responds ... Calls for change to reliance on mental health grounds ... Editor Stephen Murray reports ... more
Freedom of Information Amendment Bill 2025
Freedom of Information Amendment Bill 2025 formally discharged from Senate Notice Paper … Widespread opposition in Senate … Government cited demands on public servants and risks of malicious actors … Government undertakes to return to issue … Better consultation urged … Editor Stephen Murray reports … more
Charlotte MacInnes v Rebel Wilson
Federal Court of Australia ... Actor/director Rebel Wilson loses bid to have defamation case transferred to NSW Supreme Court ... Follows Instagram posts claiming lead in her debut falsely denied she was sexually harassed by producers ... Actions in California and NSW ... Trial set for late April ... Editor Stephen Murray reports ... more
Advantage Group Australasia Pty Ltd v Fairfax Media Publications Pty Ltd
Supreme Court of NSW ... Injurious falsehood claim against publisher of Sydney Morning Herald ... Concerns article by investigative journalist Kate McClymont about cryptocurrency developers ... Application to strike out pleading in statement of claim ... Necessary to plead particulars going to elements of cause of action ... Editor Stephen Murray reports ... more
Australian Security Academy Pty Ltd v Australian Institute of Chartered Loss Adjusters Pty Ltd
Full Court of Federal Court of Australia .. Training organisation loses appeal over dismissal of defamation action against peak body ... Appealed on judge's failure to recuse himself for apprehended bias ... Objectives of case management ... Robust language ... Editor Stephen Murray reports ... more
McCallum v Projector Films Pty Ltd (Liability Hearing)
Federal Court of Australia … Groundbreaking decision addressing dispute between film creatives over directing credits … Film maker recognised as “principal director” … Moral rights to authorship established … Not possible for rights to be generally waived by agreement … Editor Stephen Murray reports … more
Ivory v Gawley
Federal Court of Australia ... Drag racing enthusiast awarded $15,000 in damages over Facebook posts ... Allegations included claim of serious criminal behaviour ... No appearance by respondent ... Damages mitigated by earlier award of $75,000 for publications with similar effect ... Editor Stephen Murray reports ... more
Archbishop Makarios Griniezakis v Morelas (Trial Judgment)
Federal Court of Australia ... Greek Orthodox Archbishop of Australia awarded $300,000 in aggravated damages ... Sued publisher of online Greek language news outlet ... Allegations of fraud, bribery and cover up ... Defences of justification, honest opinion and statutory qualified privilege rejected ... Editor Stephen Murray reports ... more
Supaphien v Chaiyabarn
ACT Supreme Court Court of Appeal ... Personal shopper loses appeal over ruling she had not suffered serious harm to her reputation ... Sued over claims she had sold a fake Chanel handbag ... Consideration of spectrum of seriousness set out by NSW Court of Appeal in Rader ... Editor Stephen Murray reports ... more
Twitter Australia Holdings Pty Ltd v Australian Muslim Advocacy Network
Queensland Civil and Administrative Appeals Tribunal ... X Corp and Twitter Australia Holdings lose appeal over ruling by QCAT ... Religious vilification claim brought by Muslim advocacy network ... X Corp and Twitter submit errors in finding they were served and that QCAT had jurisdiction ... Constitutional issue swiftly dismissed ... Editor Stephen Murray reports ... more

