Federal Court of Australia ... Abattoir operators succeed in obtaining $130,000 in ordinary and exemplary damages for trespass by animal rights advocacy group ... Fail to obtain injunctions restraining use of video footage purportedly showing animal cruelty ... Claims of injurious falsehood, misleading and deceptive conduct and copyright breach considered ... Courts Editor Stephen Murray reports ... more
Year: 2024
Ouda v Hunter
Victorian Court of Appeal ... Childcare operators refused leave to appeal over Supreme Court jury verdicts ... Sued former AFP Commander Todd Hunter and Commonwealth over media conference announcing charges ... Said jury verdicts were not reasonable ... Court of Appeal rules verdicts could be reasonably arrived at ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten Pty Limited & Anor (Costs)
Federal Court ... Network Ten and Lisa Wilkinson separately take issue with findings of referee on costs ... Dispute over reasonable rates for Wilkinson's solicitors ... Disputes over what was reasonably necessary in terms of work by respective legal team ... Network Ten takes issue with work said to duplicate its own efforts or otherwise not necessary ... Courts Editor Stephen Murray reports ... more
Alex Greenwich v Mark Latham
Federal Court ... NSW MLC Mark Latham resists injunctions over defamatory tweet on implied freedom of political communication grounds ... Sydney MP Alex Greenwich believes injunction narrowly confined and would not impede Latham from fair comment ... Argument on costs held off over issue of affidavits on costs agreement and crowdfunding ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten & Anor
Federal Court ... Network Ten and Lisa Wilkinson at loggerheads over referee's report on costs ... Dispute over extent of costs and whether work was reasonably necessary ... Senior counsel for Wilkinson wants quantification of costs by referee ... Justice Lee not impressed matter was not ready for determination ... Courts Editor Stephen Murray reports ... more
Deeming v Pesutto (No 3)
Former Liberal MLC Moira Deeming sued then Opposition Leader John Pesutto over statements concerning her attendance at an anti-transgender rally gatecrashed by neo-Nazis … Defences of contextual truth, honest opinion, public opinion and Lange qualified privilege rejected … more
Deeming v Pesutto (No 3)
Federal Court of Australia ... Former Victorian Liberal MLC Moira Deeming awarded $300,000 in damages over statements by Opposition Leader John Pesutto ... Statements made to support moves to expel Deeming from the Parliamentary Liberal Party over attendance at rally gatecrashed by neo-Nazis ... Defences of public interest, honest opinion, Lange qualified privilege and contextual truth rejected ... Courts Editor Stephen Murray reports ... more
Spotlight on McClintock
Former defamation silk takes the podium … Speech and fielding questions in clubland … Jabs at enemies … Why fewer punters are suing … Cross-examining journalists … Fun cases … When not to sue … From Richard Ackland … more
Seven Network (Operations) Limited v Greiss
Full Court of the Federal Court ... Seven Network and courts reporter Leonie Ryan succeed in appeal ... Appealed award of nearly $38,000 to Sydney man over reports he had spat in direction of a rape complainant outside court ... Error found in rejection of substantial truth defence for Facebook post ... Cross appeal on contextual truth defence rejected ... Courts Editor Stephen Murray reports ... more
Ivory v Howard
Drag racing enthusiast defamed in three Facebook posts … Allegations of criminal conduct including stalking and drug taking … Default judgment after respondent failed to appear … Aggravated by failing to take down posts and subsequent posts … more
Ivory v Howard
Federal Court of Australia ... Drag racing enthusiast awarded $75,000 in aggravated damages ... Sued over Facebook posts ... Allegations of serious criminal activity, stalking, drug taking ... Default judgment after respondent failed to appear ... Courts Editor Stephen Murray reports ... more
Carter v Blanco
Supreme Court of Western Australia ... Port Hedland mayor succeeds in striking out aspects of his predecessor's defence ... Defendant sought to plead alternative imputations as part of a Hore-Lacy defence ... Alternative imputations struck out ... Liberty to replead ... Qualified privilege defences to be repleaded ... Courts Editor Stephen Murray reports ... more