Social Media    February 10, 2025

Baumgarten and eSafety Commissioner (Guidance and Appeals Panel)

Administrative Review Tribunal … Tribunal asserts jurisdiction over eSafety Commissioner’s practice of issuing complaint alerts to internet service providers … Practice adopted where no basis for formal power to issue removal notices … eSafety Commissioner contested jurisdiction as no power had been exercised … Courts Editor Stephen Murray reports … more

 

Freedom of Information    February 10, 2025

Bachelard v Australian Federal Police

Full Court of Federal Court … The Age journalist, Michael Bachelard, has win in appeal over denied access to AFP witness statements and internal investigation report … AAT denied access over confidential sources exemption … Full Court rules this was in error … Failure to give consideration to access to redacted versions of documents … Remitted to Administrative Review Tribunal … Courts Editor Stephen Murray reports … more

 

Damages    February 10, 2025

Setia v Radio Haanji

County Court of Victoria ... Former restauranteur awarded $95,000 in aggravated damages ... Punjabi radio station posted a Facebook report falsely stating he had been convicted of wage theft, gaoled and subject to a massive fine ... Followed charges for wage theft which were later withdrawn ... Question of serious harm ... Courts Editor Stephen Murray reports ... more

 

Damages    February 7, 2025

Thurston v Fox Sports Australia Pty Limited

Federal Court of Australia ... Seven Network ordered to pay $200,000 each to three rugby league fans over racial abuse reports ... Claims fans abused indigenous NRL player ... Fox Sports makes out honest opinion defence to claim ... Imputations not conveyed in Nine broadcast ... Courts Editor Stephen Murray reports ... more

 


Damages    February 3, 2025

Review of defamation damages awards from 2020 to 2024

Updated ... Data journalism ... Review of awards of damages for defamation by Australian courts between 2020 and 2024 ... Decline in number of awards ... Data on quantum of damages ... Data on media defendants ... Profile of awards by court ... Courts Editor Stephen Murray reports ... more

 

Settlements    February 1, 2025

Kyle-Sailor v Heinke (No 2)

Federal Court of Australia … $3 million settlement in class action brought by Palm Island residents against Nine Network approved … Class action followed reports on how earlier class action payments were spent … Funder’s commission approved … Courts Editor Stephen Murray reports … more

 

Dossier    February 1, 2025

Around the courts

Federal Court of Australia ... Suppression orders granted over Fair Work claim by former Seven Network journalist after successful mediation ... Hells Angels boss sues News Corp outlets over "cocaine kingpin" claims ... Extension of time sought for an appeal in plastic surgery review action ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    January 30, 2025

Gina Edwards v Nine Network Australia Pty Ltd & Ors

Federal Court of Australia ... Sydney barrister Gina Edwards falls out with Giles/George, the lawyers who acted for her in successful defamation action against the Nine Network ... Dispute over costs ... Edwards and Nine in dispute over assessment of costs by referee ... Giles/George granted leave to intervene on limited issue ... Courts Editor Stephen Murray reports ... more

 

Damages    January 18, 2025

Michelmore v Brown

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

 

Seminars, interviews & commentary    January 6, 2025

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

 

Legislation    January 1, 2025

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