Damages table    December 30, 2019

Tsamis v Victoria (No. 7)

Damages of $90,000 awarded to Melbourne nightclub manager … Police allegations about drug use in and around the nightclub … Allegation that the manager approached witnesses in proceedings before gambling and liquor commission … Split verdict … Substantially true imputations had a mitigating effect but did not swamp the imputations found for the plaintiff … Modest amount for aggravation … Stephen Murray reports … more

 

Damages    December 30, 2019

Tsamis v Victoria (No. 7)

Damages of $90,000 awarded to Melbourne nightclub manager ... Police allegations about drug use in and around the nightclub ... Allegation that the manager approached witnesses in proceedings before gambling and liquor commission ... Split verdict ... Substantially true imputations had a mitigating effect but did not swamp the imputations found for the plaintiff ... Modest amount for aggravation ... Stephen Murray reports ... more

 

Costs    December 24, 2019

Sarah Hanson-Young v David Leyonhjelm

Justice Richard White reserved on costs and injunction ... Application for indemnity costs ... Leyonhjelm's "offensive and insulting" statement in a settlement offer ... "Offer of nothing" ... Failure to consider a "commercial, prudent" settlement ... Hanson-Young reelected ... Leyonhjelm failed at the ballot box ... Stephen Murray reports ... more

 

Costs    December 24, 2019

Wagner & Ors v Nine Network Australia & Ors (No. 2)

Indemnity costs awarded for a portion of the Wagner v Nine proceedings ... Inadequate settlement offers from Nine and Cater ... Ineffective apology ... Separate settlement proposals made by the plaintiffs ... Apology essential to settlement ... Defendants baulked at the word "apology" ... Failure by the defendants to make further offers ... Calderbank principles ... Nine and Cater acted unreasonably and imprudently ... Stephen Murray reports ... more

 

Seminars, interviews & commentary    December 18, 2019

Defamation reform: back to the future

The defamation law reforms of 2005 were heralded as a bright new future for the media ... What happened and can the proposed new reforms get anywhere close to the holy grail of "balance"? ... Memories of David Levine, Michael McHugh and those wide-eyed pundits ... Heavy lifting deferred ... Forum shopping at the Federal Court ... Janek Drevikovsky says the 2020 reforms will still leave plaintiffs ruling the roost ... more

 

Trial reports    December 18, 2019

Roger Bailey v WIN Television & Ors

Sacking of local government manager ... Proceedings abandoned against one of the defendants ... Story put to air after plaintiff did not respond to a request for comment about his termination ... Deadline ... Confusion about which TV station was seeking a response ... Staff survey critical of management ... Evidence from councillors ... Hearing concluded ... Justice Fagan reserved ... Stephen Murray reports ... more

 

Interlocutory/Case-Management    December 18, 2019

Huang Jiefang v Nine Digital Pty Ltd

Federal Court ... Wife of Chinese billionaire sues over claim she "fled" Australia to avoid tax liabilities ... Husband accused of political influence peddling and banned from Australia ... Freezing order on assets in Australia and Hong Kong ... Statement of claim ... Stephen Murray reports ... more

 

Interlocutory/Case-Management    December 17, 2019

Rosemary Dillon v Macquarie Media Ltd

Council manager sues over Ray Hadley's broadcasts alleging she misled an official inquiry into the handling of asbestos at the Blue Mountains City Council ... Inquiry by Richard Beasley SC ... "Bald-face lie" ... Hadley's allegations, bar one, found to be unsubstantiated ... "A classic case of opinion" ... Hadley defending himself from attacks ... Justice Wigney suggests mediation ... Stephen Murray reports ... more

 

Interlocutory/Case-Management    December 17, 2019

Jay v Petrikas

District Court of NSW ... Delay in bringing defamation action ... Limitation period ... Principles of law considered ... No explanation for failure to apply for preliminary discovery ... Plaintiffs failed to discharge burden for extension of time to bring proceedings ... Parisa Hart reports ... more

 

Interlocutory/Case-Management    December 17, 2019

Hive & Wellness Australia Pty Ltd (formerly Capilano Honey Ltd) and Ben McKee v Simon Mulvany

Supreme Court of Victoria ... Defamation proceedings over claims made about the quality of the plaintiffs' honey ... Unsuccessful application by the defendant for a jury of six ... Complicated case, numerous publications, voluminous material, and a self-represented defendant ... "Judges are, like everyone else in the community, consumers of food products" ... Parisa Hart reports ... more

 

Seminars, interviews & commentary    December 9, 2019

Digital publishers and innocent dissemination

Attorney General Porter's vision for stage two of the defamation reforms ... Social media platforms and liability for third party posts ... It's timely to reprise Patrick George's submission to the Defamation Working Party ... Enforceability tripwires in other jurisdictions ... Immunity ... Role for an independent regulator to adjudicate take-down requests ... more