District Court of Queensland ... Environmentally friendly battery manufacturer sues three clients ... Amended statement of claim for defamation struck out with leave to replead against two defendants ... Defamation claim against third dismissed ... Failure to properly plead oral publications ... Issues pleaded not in concerns notice ... Editor Stephen Murray reports ... more
Campbell v McIntyre
Federal Court of Australia ... Property marketer obtains interim restraining orders on former business partner ... Dispute over property development in Indonesia ... Claims of misleading and deceptive conduct and defamation ... Prima facie case for interim orders ... Balance of convenience ... Editor Stephen Murray reports ... more
Bottrill v Graham & Anor (No 5)
District Court of NSW ... Retired public servant awarded nearly $30,000 in pre-judgment interest ... Followed award of $315,000 in general and aggravated damages ... Sued over cult claims in livestreams on X ... Adherence to practice notes on interest ... Reduction of hurt over time ... Half of total possible interest ordered ... Editor Stephen Murray reports ... more
Hoser v Harrison (No 5)
Federal Circuit and Family Court of Australia ... Meta fails in bid to have questions of defamatory meaning and serious harm determined at preliminary stage ... Sued by snake catcher and herpetologist over posts by rival ... History of litigation ... Meta pleads no serious harm and mitigation of damages as defences ... Editor Stephen Murray reports ... more
Catherine Sayers v Luke Sayers
Supreme Court of Victoria ... Proceedings brought by Cate Sayers against estranged husband, Luke, over statutory declaration made to AFL integrity unit ... Claims in defamation, breach of confidence and breach of privacy ... Application for jury trial rejected ... Application for transfer to Family Court denied ... Editor Stephen Murray reports ... more
Bottrill v Graham & Anor (No 4)
District Court of NSW ... Retired public servant awarded $315,000 in general and aggravated damages ... Followed livestream broadcasts on X featuring allegations plaintiff was a member of a satanic cult that preyed on children ... Dispute over publications ... Defences of contextual truth, public interest, qualified privilege, honest opinion, innocent dissemination and triviality rejected ... Editor Stephen Murray reports ... more
Jalagge v Arachchilage
Supreme Court of Western Australia … Former Honorary Consul for Sri Lanka in Perth fails to obtain pre-action discovery orders … Sought identities of anonymous members of Facebook group who left allegedly defamatory comments … Failure to make enquiries of Meta … Inquiries limited to demand of group administrator … Editor Stephen Murray reports … more
Around the courts
District Court of Queensland ... Extension of time refused after plaintiff pursued other avenues of redress ... Federal Court of Australia ... Review of Registrar's decision to reject filing finds no error ... District Court of Queensland ... Footballer has amended statement of claim struck out, with leave to replead ... Editor Stephen Murray reports ... more
Coulthard v Topez
Supreme Court of South Australia .. Stay on execution of judgment granted pending judicial review ... District Court awarded spiritual educator $12,000 in damages against three Indigenous leaders ... Genuine issue of risk of dissipation ... Application for security for costs refused ... Editor Stephen Murray reports ... more
Faraj v Fairfax Media Publications Pty Ltd t/as The Sydney Morning Herald
NSW Civil and Administrative Tribunal ... Fairfax Media Publications and SMH chief investigative reporter Kate McClymont fail in bid to have racial and religious vilification complaint dismissed ... Article reported fraud investigation into cryptocurrency outfit ... Complaint of "kebab shop" trope ... Matters warrant ventilation at hearing ... Editor Stephen Murray reports ... more
Chowdhury v Alam
County Court of Victoria ... Court declines to strike out inferential case for publication ... Plaintiff suing over blog post ... Published in midst of business dispute between plaintiff and defendant ... Facts pleaded, if proved, could result in inferential case for publication ... Not fanciful, embarrassing or abuse of process ... Editor Stephen Murray reports ... more
Dalas v White; White v Dalas
County Court of Victoria ... Advocate for guardianship clients awarded costs on successfully defending claim ... Late amendment to defence to plead limitation exclusion ... Costs on a standard basis with 25 percent discount ... Sought indemnity costs for own action resulting in award of $100,000 ... Costs on standard basis ordered ... Editor Stephen Murray reports ... more

