Court of Appeal (Victoria) ... Ratepayer refused stay on hearing for taxation of costs ... Followed award of $100,000 in damages to local councillor ... No special circumstances warranting stay ... Councillor entitled to fruits of indemnity costs ... Undertaking to keep costs in trust account pending any appeal ... Courts Editor Stephen Murray reports ... more
Year: 2024
Linda Reynolds v Brittany Higgins
Western Australian Supreme Court … Trial date in August set for proceedings brought by Senator Linda Reynolds against former staffer Brittany Higgins … Reynolds suing over social media posts she claims conveys imputations of bullying and harassment, wanting to silence sexual assault survivors … Aggravated damages sought … Courts Editor Stephen Murray reports … more
Bruce Lehrmann v Network Ten Pty Limited & Anor
Federal Court ... Bruce Lehrmann ordered to pay lump sum costs of $2 million to Network Ten for unsuccessful defamation action ... Costs awarded on partial indemnity basis ... Offer of $558,548 from Network Ten to Lisa Wilkinson to be paid forthwith ... Terms of reference to referee agreed ... Courts Editor Stephen Murray reports ... more
Around the courts
Federal Court ... AFP officers abandon claim against ACT Government and former DPP Shane Drumgold ... Federal Court ... Five week trial in mid 2025 set down for action brought by senior NSW police commander against 2GB and Ray Hadley ... Courts Editor Stephen Murray reports ... more
Poland v Hedley
The Court of Appeal (Western Australia) ... Developer has another chance at repleading defamation and conspiracy claims with proper particulars ... Appeals court says nothing in primary decision precludes further application for leave to replead ... Arguable question of whether political respondents were publishers ... Courts Editor Stephen Murray reports ... more
Gina Edwards v Nine Network Australia Pty Ltd & Ors
Federal Court ... Sydney barrister awarded partial indemnity costs ... Found to be defamed by A Current Affair stories alleging she had stolen celebrity cavoodle ... Justice Michael Wigney rejects respondents' claims of disentitling conduct ... Awards indemnity costs from time of offer of compromise ... Courts Editor Stephen Murray reports ... more
Investigative journalism
Feature ... A journalist's connection with the Plutus fraud ... A dupe or a willing participant in blackmail ... Dark arts ... The outer edges of journalism ... Inferences from the AFP intercepts ... Case report from Richard Ackland ... more
Is the game worth the candle?
Greenwich v Latham ... Another case in the manner of Palmer v McGowan or Berkoff v Burchill ... Political protagonists using the courts to resolve differences ... Disproportionate use of time and expense ... More akin to sex discrimination than defamation ... Graham Hryce comments ... more
Seven Network (Operations) Limited & Anor v Mina Greiss
Federal Court ... Seven Network and its Sydney courts reporter Leonie Ryan are appealing award of damages to Mina Greiss ... No distinction between "spat at" and "spat towards" ... Issue with costs ... Greiss has filed a cross-appeal saying errors in finding he stared at rape complainant and was angry ... Seeks re-assessment of damages ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten Pty Limited & Anor
Federal Court ... Lisa Wilkinson files notice of contention in appeal brought by former Liberal staffer Bruce Lehrmann ... Wilkinson takes issue with rejection of her qualified privilege defence ... Takes issue with findings critical of her conduct in getting the broadcast to air ... Courts Editor Stephen Murray reports ... more
Staged Plus Pty Ltd & Ors v Yummi Fruit Ice-Creamery Pty Ltd & Ors
Queensland District Court ... Ice cream van owners sue over 13 publications on social media in wake of purchase of another ice cream business ... Not necessary to provide particulars of serious harm with precision of pleading ... Sufficient to plead identified harm ... Failure to plead financial loss for corporation ... Courts Editor Stephen Murray reports ... more
The omnishambles continues
Lehrmann appeals ... Flawed interpretation of the word "rape" ... Abstract and ambiguous imputation ... It would never happen in Justice David Hunt's day ... Miscarriage ... Difficulties ahead for an unrepresented appellant ... Graham Hryce comments ... more