Seminars, interviews & commentary    December 14, 2017

Damages awards under the uniform legislation

Australian Defamation Law and Practice (T K Tobin QC and M G Sexton SC SG ed., LexisNexis) is about to publish its updated list of all judgments for damages in defamation made under the uniform legislation ... This article includes that list and an analysis of the trends in damages by NSW District Court Defamation List Judge Judith Gibson ... more


Privacy    December 13, 2017

Sawa Pty Ltd v Australian Broadcasting Corporation

Not for publication: ABC fails to get secretly recorded video footage of animal cruelty released after it was first granted by a magistrate ... Privacy trumps public interest according to WA Supreme Court Justice John Chaney ... Carmel Galati reports ... more


Dossier    December 13, 2017

Rush to judgment

Defamation the new battleground for high profile protagonists ... Details of Geoffrey Rush's proceedings against The Daily Telegraph and of the extraordinary stoush between "commentators" Osman Faruqi and Mark Latham ... Both commenced in the jurisdiction du jour, the Federal Court ... more


Interlocutory/Case-Management    December 10, 2017

Khalil Khalil v Fairfax Media Publications Pty Ltd

Pleading "weasel words", the identification of an individual via company names and consideration of whether "liking" someone on Facebook amounts to liability for a defamatory publication feature in three interlocutory decisions from NSW ... Nick Bonyhady reports ... more


Seminars, interviews & commentary    December 8, 2017

Media and Communications List: a new approach to media litigation in the UK

Earlier this year Mr Justice Warby was appointed to the newly created role of Judge in Charge of the Media and Communications List ... In this article, Paul Magrath from the Transparency Project looks at what this means in practice and how it will affect the future management of High Court media claims ... more


Seminars, interviews & commentary    December 4, 2017

Judge-alone hearings to prevail in Federal Court defamation trials

Full Federal Court delivers another blow to uniform defamation law, finding the Federal Court's judge-alone provisions prevail over any in the Defamation Act 2005 with regard to juries ... Sydney University media law academic Professor David Rolph examines the judgment and its implications ... more


Trial reports    November 28, 2017

Mouhammad Tabbaa and Pamela Tabbaa v Nine Network Australia Pty Ltd

Main plaintiff in defamation proceedings against Nine over 60 Minutes "child abduction" story claims all the allegations aired about him are "utterly, utterly false" ... This, despite consular records supporting his daughter's account and the evidence of three AVOs taken out against him ... more


Seminars, interviews & commentary    November 27, 2017

Book review: Online Publication Claims: A Practical Guide

Just how useful is the recent UK book Online Publication Claims: A Practical Guide? NSW District Court Defamation List Judge Judith Gibson examines the detail and finds much to recommend, just in time for Christmas, and beyond ... more