Full Court of Federal Court of Australia .. Training organisation loses appeal over dismissal of defamation action against peak body ... Appealed on judge's failure to recuse himself for apprehended bias ... Objectives of case management ... Robust language ... Editor Stephen Murray reports ... more
ACT Supreme Court Court of Appeal ... Personal shopper loses appeal over ruling she had not suffered serious harm to her reputation ... Sued over claims she had sold a fake Chanel handbag ... Consideration of spectrum of seriousness set out by NSW Court of Appeal in Rader ... Editor Stephen Murray reports ... more
Queensland Civil and Administrative Appeals Tribunal ... X Corp and Twitter Australia Holdings lose appeal over ruling by QCAT ... Religious vilification claim brought by Muslim advocacy network ... X Corp and Twitter submit errors in finding they were served and that QCAT had jurisdiction ... Constitutional issue swiftly dismissed ... Editor Stephen Murray reports ... more
Full Court of the Federal Court of Australia ... eSafety Commissioner loses appeal over whether request to X was a formal exercise of statutory power and reviewable ... Notice sent to X advising post may be in breach of terms of service ... No other power underpinned notice ... X understood it to be a formal request ... Editor Stephen Murray reports ... more
Federal Court of Australia ... IT security developers fail in bid to obtain leave to appeal decision preventing review of registrar's decision ... Sought to bring action against Twitter in respect of a matter that had been the subject of settlement agreement ... No evidence of error in primary judge's decision ... Editor Stephen Murray reports ... more
NSW Court of Appeal ... Former Sydney councillor loses appeal over orders remainder of trial be heard by judge alone ... Two of three trials vacated due to plaintiff's health issues ... Error in subsection relied on for power to make order, but not determinative ... Court of Appeal would have come to same decision ... Editor Stephen Murray reports ... more
NSW Court of Appeal ... Two wildlife carers denied leave to appeal on substance of appeal grounds ... Grounds of appeal were arguable but more needed for leave to appeal ... Disproportionality of costs weighed against grant of leave ... Error in joint award of damages ... Editor Stephen Murray reports ... more
Federal Court of Australia ... Interlocutory application for security for costs in appeal brought by surgeon Munjed Al Muderis against dismissal of his defamation action ... $900,000 sought by Nine Network ... Court hears of property portfolio, some with encumbrances ... Parties to confer on nomination of two unencumbered properties ... Editor Stephen Murray reports ... more
Full Court of Federal Court of Australia ... Former staffer Bruce Lehrmann loses appeal against dismissal of his defamation claim against Network Ten and Lisa Wilkinson ... No denial of procedural fairness ... No error in meaning or onus of proof ... Full Court accepts contention that Lehrmann knew Brittany Higgins did not consent to sexual intercourse ... Editor Stephen Murray reports ... more
Full Court of the Federal Court of Australia ... Second day of submissions in appeal brought by NSW Upper House MP Mark Latham against award of damages to Independent MP Alex Greenwich ... Dr Matt Collins KC submits tweet was characterised by profanity, vulgarity and violence ... Judgment reserved ... Editor Stephen Murray reports ... more
Full Court of the Federal Court of Australia ... First day of submissions in appeal by Mark Latham MLC against ruling he defamed independent MP Alex Greenwich with a vulgar tweet ... Submissions that tweet was not defamatory, failed to cause serious harm, and was protected by qualified privilege reply to attack and implied freedom of political communication ... Editor Stephen Murray reports ... more
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
