Costs    March 11, 2024

Al Muderis v Nine Network Australia Pty Limited (No 3)

Federal Court ... Surgeon Munjed Al Muderis fails in bid to vary costs order ... Followed wholly unsuccessful effort to have Nine reporter reveal her sources ... Justice Robert Bromwich considered costs in the cause would be unjust if Al Muderis were to prevail in primary proceeding ... Courts Editor Stephen Murray reports ... more

 

Trial reports    March 10, 2024

Munjed Al Muderis v Nine Network Australia Pty Ltd & Ors

Federal Court ... Proceedings brought by high profile surgeon Professor Munjed Al Muderis against Nine Network and three of its journalists ... Court hears evidence from Dr Andrew Ellis, head of orthopaedics at Royal North Shore Hospital ... Court hears from Donald Grieve KC, father of Nine reporter Charlotte ... Courts Editor Stephen Murray reports ... more

 

Serious harm    March 10, 2024

Peros v Blackburn

Federal Court … Mother of murdered woman fails to obtain separate question hearing on serious harm … Sought hearing under Federal Court Rules, rather than s.10A(5) of the Defamation Act … Outcome may well have been different under Defamation Act … Justice Roger Derrington calls for changes to Rules … Courts Editor Stephen Murray reports … more

 

Damages    March 10, 2024

FJ (pseudonym initials) v Siglin

Supreme Court of Western Australia ... Man awarded $250,000 in aggravated damages over false claims he was arrested for killing former president of an outlaw motorcycle gang ... Pseudonyms, suppression orders and closed court employed for proceedings ... Concerns for security ... Courts Editor Stephen Murray reports ... more

 

Dossier    March 10, 2024

Around the courts

Federal Court ... Former State Revenue Office lawyer loses second bid for extension of time ... Federal Court ... Compensation lawyer secures preliminary discovery from Google ... NSW Court of Appeal ... Second bid to re-open appeal dismissed as vexatious ... Courts Editor Stephen Murray reports ... more

 

Damages table    March 8, 2024

FJ (pseudonym initials) v Siglin

Man falsely named in Facebook post as being responsible for sniper-style killing of former outlaw motorcycle gang boss … Pseudonyms, suppression orders and closed court ordered for proceedings … Concern for security …Default judgment following failure to comply with discovery … more

 

Trial reports    March 6, 2024

Munjed Al Muderis v Nine Network Australia Pty Ltd & Ors

Federal Court ... Para-athlete Mark Urquhart gives evidence in defamation proceedings brought by his surgeon Munjed Al Muderis ... Urquhart was featured in 60 Minutes story and print reports ... Told of encountering maggots and being advised to use deodoriser to mask odour ... Court hears of positive relationship between 2015 and 2020 ... Courts Editor Stephen Murray reports ... more

 

Truth    March 6, 2024

Lakaev v McConkey

Tasmanian Supreme Court ... Psychologist loses defamation action over claims she led a cult ... Found to be an "arrant liar" ... Self represented defendant establishes truth of imputations ... Imputations of assault, unlawful financial advantage, indoctrination found to be absolutely true ... Courts Editor Stephen Murray reports ... more

 

Trial reports    March 4, 2024

Munjed Al Muderis v Nine Network Australia Pty Ltd & Ors

Federal Court ... Trial resumes in action brought against Nine by high profile surgeon Munjed Al Muderis ... Court hears from former patients ... Evidence from orthopaedic surgeon at The Alfred, which offered competing technique for amputees ... Courts Editor Stephen Murray reports ... more

 

Freedom of Information    March 3, 2024

Bachelard and Australian Federal Police (Freedom of Information)

Administrative Appeals Tribunal … Senior journalist at The Age loses review of FOI decision … Sought statements and report of professional standards inquiry at AFP … Concerned disclosure of information about Roberts-Smith war crimes investigation to former Commissioner Mick Keelty … Courts Editor Stephen Murray reports … more

 

Trial reports    March 2, 2024

Bruce Lehrmann v Network Ten Pty Limited & Anor

Federal Court ... Further submissions in proceedings brought by Bruce Lehrmann against Network Ten and Lisa Wilkinson ... Lehrmann adds particulars of aggravation over Network Ten's vetting of Logies speech and adherence to advice ... Justice Lee seeks assistance with position of Dank in Federal law and place of aggravation when no or nominal damages are awarded ... Courts Editor Stephen Murray reports ... more

 

Media Matters    February 28, 2024

Buying Silence

Oligarchs and plutocrats versus the media … The crushing appeal of SLAPP actions … Goldsmith, Maxwell and now the Russians … Lawyers and the money … Important stories that are never published … British media lawyer David Hooper suggests useful reforms … Book review by Veronica Lenard … more