Graham Hryce regrets the further whittling of the defence of fair comment by the High Court. The “right of cranks” to speak about unpopular causes has been significantly undermined as the defence can now only succeed where the comment is “reasonable” ... more
Year: 2007
Channel Seven Adelaide Pty Ltd v Manock
Richard Potter comments on the High Court’s latest foray into comment. It would be an irony if the “honest opinion” provisions of the uniform Defamation Act achieve in practice what the minority judges (Kirby in Manock and McHugh in Pervan) argued as being the real effect of the common law ... more
‘Tis the season for open justice
Pseudonym order lifted in Pat O’Shane case … ASIO documents released in Mamdouh Habib defamation action against The Daily Telegraph ... Media access to court material relaxed in Britain bringing an end to “shot-poor” trial reports … Jury finds plaintiff still identifiable despite obscured newspaper photo … 2GB loses appeal over award of indemnity costs … SMEC and three directors awarded defamation damages of $1.65 million ... more
Mamdouh Habib v Nationwide News Pty Ltd
The Australian Federal Police officer who interviewed Mamdouh Habib for four-and-a-half hours at Guantanamo Bay says the terrorist suspect may have been interviewed for another 13 hours by ASIO on the same day. Fourth trial report ... more
Mamdouh Habib v Nationwide News Pty Ltd
The trial continues as former Sydney taxi driver and Muslim convert Ibrahim Fraser says Mamdouh Habib told him he met Osama Bin Laden in Afghanistan in 2001 while “weapons training”. Habib’s barrister Clive Evatt brands him an “ASIO informant” who’ll say anything ... more
Mamdouh Habib v Nationwide News Pty Ltd
A spooky atmosphere pervades court 10A as ASIO agents (current and former) testify incognito on behalf of Nationwide News in Mamdouh Habib’s action against The Daily Telegraph. Habib’s barrister, Clive Evatt, accuses the security organisation of doctoring documents ... more
Mamdouh Habib v Nationwide News Pty Ltd
The trial of Mamdouh Habib’s action against The Daily Telegraph hears vivid testimony about his treatment while being held in Pakistan, Egypt and Guantanamo Bay. Nationwide News is pleading truth to a Piers Akerman piece which said Habib lied about being tortured ... more
Frawley v State of NSW
A NSW Supreme Court jury finds the State of NSW did not publish, i.e. “consent to, approve, adopt, promote or ratify” a website which alleged a Hurlstone Agricultural High teacher was a child molester ... more
Jamie Fawcett v John Fairfax Publications Pty Ltd & Annette Sharp
Fourth report of trial – in which the oily underbelly of “celebrity photo-journalism” comes under scrutiny in the NSW Supreme Court as paparazzo Jamie Fawcett explains the limits of a celebrity’s right to privacy and how his DNA might have got onto a listening device found outside Nicole Kidman’s home ... more
Jamie Fawcett v John Fairfax Publications Pty Ltd & Annette Sharp
Third report of trial. Nicole Kidman braves a paparazzi pack to give evidence against one of theirs, the so-called “Prince”, Jamie Fawcett. The closely guarded actress told Justice Carolyn Simpson she was “tearful, distressed and really frightened” after she was pursued by Fawcett in January 2005 while being driven to her parents’ Greenwich home ... more
Jamie Fawcett v John Fairfax Publications Pty Ltd & Annette Sharp
Justice Carolyn Simpson hears colourful evidence – a good deal of it on voir dire – about “celebrity photojournalist” Jamie Fawcett’s interest in listening devices, his “dangerous” pursuit of Nicole Kidman in a black Jeep Cherokee and his punch-up with another photographer he allegedly called a “Kaffir cunt” ... more
Jamie Fawcett v John Fairfax Publications Pty Ltd & Annette Sharp
The second leg of paparazzo Jamie Fawcett’s defamation action against Fairfax’s Sun-Herald and gossip columnist Annette Sharp hears that Nicole Kidman will be interposed as a star witness for the defence. Justice Simpson declines to hear her evidence via video link from Fox Studios despite the urging of Bret Walker SC ... more