Dossier    December 20, 2016

Mediation a go-go

Plenty of action (and inaction) on the mediation front … Fresh settlements for Fairfax Media … New actions for Nationwide News and 2GB … On the steps of the High Court with a “Holocaust philosopher” and three journalists ordered to reveal their sources … Vale three others ... more

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Seminars, interviews & commentary    December 20, 2016

Case management prevails over “newspaper rule”

The “newspaper rule” all but dead after the High Court refuses special leave in the Liu sources disclosure dispute … Victory of case management over principle is a troubling result for investigative journalism, says media lawyer Graham Hryce ... more

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Seminars, interviews & commentary    December 19, 2016

Is correction republication?

Media companies join appeal over the Rolling Stone “rape on campus” verdict … The jury’s finding that the magazine’s correction amounted to republication has serious implications for journalism, say New York-based media lawyers Ed Klaris and Alexia Bedat ... more

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Interlocutory/Case-Management    December 15, 2016

Ali Mosslmani by his tutor Karout v DailyMail.com Australia Pty Ltd, Nationwide News Pty Ltd, Australian Radio Network Pty Ltd (No. 2)

Two interesting imputations judgments from the NSW District Court … The teenager with the viral “mullet” has his action against The Daily Telegraph dismissed … Not so a man The Sydney Morning Herald accused of sexual assault in a court report … Justin Pen reports ... more

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Seminars, interviews & commentary    December 12, 2016

The use of social media for investigators

In this paper, presented to the 2016 Corruption Prevention Network Annual Forum, NSW District Court Defamation List Judge Judith Gibson examines the relationship between social media and corruption … Whistle blowers and investigative journalists are “greatly aided where publication on social media can be instantaneous, international and anonymous” ... more

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Interlocutory/Case-Management    December 12, 2016

Peter Gregg v Fairfax Media Publications Pty Ltd

Defamation action brought by businessman Peter Gregg in the ACT to be heard by a judge alone … Fairfax Media’s “change of heart” without explanation came too late, says Justice Steven Rares ... more

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Seminars, interviews & commentary    December 8, 2016

The media law year in review

Big wins and big losses for the media … Social media actions flourish, as do suppression orders in several jurisdictions … Privacy law fails to get out of the stalls … Journalist sources remain in peril … A nuanced, but ultimately stagnant 2016 ... more

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Privacy    December 7, 2016

“JZ” and Department of the Prime Minister and Cabinet

Australian Information Commissioner finds insufficient public interest in an FOI request for cabinet documents containing details of a former federal MP’s inappropriate behaviour towards a female public servant in a Hong Kong bar … Justin Pen reports ... more

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Interlocutory/Case-Management    December 6, 2016

Defamation watch list

NSW Defamation List Judge Lucy McCallum dispenses with several interlocutory decisions – referring one matter to mediation and directing most pleaded imputations in two other matters to the jury ... more

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Trial reports    December 5, 2016

Graeme Cowper v Fairfax Media Publications Pty Ltd & Ors; Graeme Cowper v Australian Broadcasting Corporation

Two weeks into his massive defamation case against Fairfax and the ABC, former NAB financial adviser Graeme Cowper withdraws … Expensive exercise results in verdict for the defendants and a $200,000 costs bill ... more

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Trial reports    December 2, 2016

Graeme Cowper v Fairfax Media Publications Pty Ltd & Ors; Graeme Cowper v Australian Broadcasting Corporation

The plaintiff finally gives evidence, but a key defendant won’t be … Plenty of “happy client” witnesses potentially looming, according to the plaintiff’s counsel, Kieran Smark SC … Naaman Zhou reports ... more

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Appeals    November 30, 2016

Lynda Meegan v Times Newspapers Ltd

Recent Court of Appeal judgment from Ireland prevents defamation plaintiff from obtaining a journalist’s notes … Section 26 defence of reasonable publication was not put precisely enough … This case note by Mike Dodd of Media Lawyer ... more

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