Year: 2025

Dossier    November 24, 2025

Around the courts

Federal Circuit and Family Court ... Snake handler loses trade mark and defamation claims against rival ... No jurisdiction for Court to hear defamation claim ... District Court of Queensland ... Former football club member loses bid to alter outcome on costs ... No basis to depart from usual rule ... Editor Stephen Murray reports ... more

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Litigation    November 22, 2025

McVicker v Australian Broadcasting Corporation

District Court of Queensland … One time owner of travel booking portal loses action against ABC … Sued over report of company’s collapse … Publication limited to two people … Pleaded imputations not conveyed … Offer to make amends was reasonable … Editor Stephen Murray reports … more

 
Settlements    November 18, 2025

Sam Groth & Anor v The Herald & Weekly Times Pty Ltd & Ors

Federal Court of Australia … Senior Victorian Liberal Sam Groth and wife Brittany have reportedly settled defamation and privacy claims against publisher of the Herald Sun … Loomed as first major test of privacy tort and journalism exemption … Apology published … Editor Stephen Murray reports … more

 
Appeals    November 18, 2025

Pauline Hanson v Mehreen Faruqi

Full Court of the Federal Court of Australia ... Second day of submissions in appeal brought by Senator Pauline Hanson against finding she racially vilified Senator Mehreen Faruqi ... Submissions for Faruqi ... Anti-Muslim message "so on brand" for Hanson ... Submissions from intervener ... Editor Stephen Murray reports ... more

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Appeals    November 17, 2025

Pauline Hanson v Mehreen Faruqi

Full Court of Federal Court of Australia ... First day of submissions in appeal brought by Senator Pauline Hanson over finding she racially vilified Senator Mehreen Faruqi ... Submissions from Sue Chrysanthou SC ... Robust exchanges on Twitter ... Claims of hypocrisy ... Submissions from Jessie Taylor ... Editor Stephen Murray reports ... more

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Appeals    November 16, 2025

Mark Latham v Alex Greenwich

Full Court of the Federal Court of Australia ... Mark Latham gives notice of constitutional matter in appeal over damages award to fellow MP Alex Greenwich ... Submits findings on qualified privilege and malice fall foul of implied freedom of communication ... Greenwich responds ... Editor Stephen Murray reports ... more

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Damages    November 13, 2025

Huynh v Chu

District Court of Queensland ... Restaurant manager awarded $40,000 in damages over Facebook posts ... Sued former business partner following dispute over payment for equipment ... No appearance from defendant ... Serious harm established .. No component for vindication in damages ... Editor Stephen Murray reports ... more

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Litigation    November 9, 2025

CDL v Seven West Media [No 2]

Supreme Court of Western Australia … Former “lollipop man” loses defamation action against West Australian Newspapers … Article concerned loss of appeal over child sexual assault convictions … Imputations either not conveyed or found substantially true … Fair report of documents and proceedings of public concern … Editor Stephen Murray reports … more

 
Whistleblowing    November 9, 2025

Hollingsworth v Master Builders Association of Victoria (Ruling)

County Court of Victoria … Deputy President of Master Builders Association of Victoria loses bid to identify confidential complainant … Followed investigation into media statements and non-attendance at International Women’s Day breakfast … Discovery sought for potential defamation action … Editor Stephen Murray reports … more

 
Concerns Notices    November 9, 2025

Kassar v Kee

Supreme Court of Victoria … Cabinet-making company has claim struck out after failure to particularise serious financial loss in concerns notice … Action brought over social media posts following dispute over a quote … Permitted to include Instagram post in claim although not included in concerns notice … Editor Stephen Murray reports … more

 
Privacy    November 6, 2025

Sam Groth & Anor v The Herald & Weekly Times Pty Ltd & Ors

Federal Court of Australia ... Interlocutory application from Herald Sun to have early determination of journalism exemption to statutory privacy tort ... Claim brought by Brittany Groth, wife of senior Victorian Liberal, over claims as to when her relationship commenced ... Submissions on common law claims ... Editor Stephen Murray reports ... more

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Interlocutory/Case-Management    November 3, 2025

Birenbaum v H & A Nominees Pty Ltd trading as Cairo Takeaway (strike out application)

Federal Court of Australia ... Pro-Israel activist not required to plead or particularise prior reputation to establish serious harm ... Suing over social media posts in wake of undercover visit to café ...  No universal requirement to prove prior reputation or plead it ... Forensic decisions have consequences ... Editor Stephen Murray reports ... more

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