Interlocutory/Case-Management    February 25, 2025

Angelo Pandeli v Nationwide News Pty Limited & Ors

Federal Court of Australia ... Bikie boss pressed to establish serious harm to reputation ... Suing over publications he claims makes him out to be cocaine kingpin ... Contest of reputation ... Publishers relying on serious harm threshold and mitigation of damages ... Courts Editor Stephen Murray reports ... more

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Concerns Notices    February 23, 2025

Kelly v UNSW

District Court of NSW … Former student has action against University of NSW and lawyer struck out … Concerns notices said to be “manifestly inadequate” … Failure to respond to request for particulars from UNSW … Application for extension of time rejected … Courts Editor Stephen Murray reports … more

 

Serious harm    February 23, 2025

Ibrahim v Ye

County Court of Victoria … Specialist physician loses defamation action after failing to establish serious harm to his reputation … Sued over reviews on Google, Yelp and Yellow Pages … Inherent tendency of words offset by “extremely limited” extent of publication … Courts Editor Stephen Murray reports … more

 

Interlocutory/Case-Management    February 23, 2025

O’Shanassy v Turland (No 2)

District Court of NSW ... Application to strike out contextual truth defence stood over to trial ... Former local councillor being sued over statements made at council meetings ... Observations on complexity of contextual truth defence in jury trial ... Courts Editor Stephen Murray reports ... more

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Damages    February 23, 2025

McDonald v Findlay

Federal Court of Australia ... TikTok influencer ordered to pay University of Sydney student $20,000 ... Followed incident at SRC meeting where male students tore up report of sexual misconduct at residential colleges ...  Video claimed student found "rape and assault hilarious" ... Consent orders made ... Courts Editor Stephen Murray reports ... more

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Damages table    February 20, 2025

Topez v Coulthard

Spiritual healer and educator successfully appealed dismissal of claim by Magistrates Court … Dispute over Indigenous lineage … Judge rejects claims plaintiff knowingly lied about lineage, took advantage of elder … more

 

Concerns Notices    February 17, 2025

Surie v MacDonald

Queensland Court of Appeal … New concerns notice not required for amended claim with additional causes of action … Action concerns complaint made to Department of Education … Matter complained of initially identified as a letter but turned out to be an email … Matter sufficiently identified in concerns notice … Courts Editor Stephen Murray reports … more

 

Publication    February 17, 2025

Munro v Wheeler (No 3)

District Court of NSW ... Women lose action over claims they failed to return a dog that escaped its owner's yard ... Sued owner and pet detective ... Failure to establish publications from series of Facebook posts ... Alternative findings made ... Minimal damages would have been awarded ... Courts Editor Stephen Murray reports ... more

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Dossier    February 16, 2025

Around the courts

Queensland District Court ... Developer to pay Fairfax's costs on partial indemnity basis after loss ... Federal Court of Australia ... Mark Latham appeals defamation loss ... Queensland Court of Appeal ... Consumer advocate ordered to pay security for costs in "Lemon Caravans" appeal ... Courts Editor Stephen Murray reports ... more

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Interlocutory/Case-Management    February 14, 2025

Darling v Daniels

Federal Court of Australia ... Seven West Media succeeds in strike out application ... Proceedings brought by AFL player Jack Darling over anti-vax reports in The West Australian ... Darling claims Seven West is vicariously liable for publications ... Leave to replead ... Courts Editor Stephen Murray reports ... more

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Damages table    February 12, 2025

McDonald v Findlay

TikTok influencer sued by Sydney University student … Claim student found incident where a report detailing sexual violence on campus was torn up by male students hilarious … Order for judgment made by consent … … more

 

Social Media    February 10, 2025

Baumgarten and eSafety Commissioner (Guidance and Appeals Panel)

Administrative Review Tribunal … Tribunal asserts jurisdiction over eSafety Commissioner’s practice of issuing complaint alerts to internet service providers … Practice adopted where no basis for formal power to issue removal notices … eSafety Commissioner contested jurisdiction as no power had been exercised … Courts Editor Stephen Murray reports … more