Category: Appeals

Federal Court ... Sydney solicitor loses Full Court appeal on serious harm element ... Full Court rules s.10A of the Defamation Act does away with common law presumption of damage, and any presumption of good reputation ... Evidence of bad prior reputation can be taken into account ... Courts Editor Stephen Murray reports ... more

Victorian Court of Appeal ... Local councillor has damages awarded against him reduced to $70,000 after appeal ... Manifestly excessive ... Fails on other grounds of appeal ... He loses cross-appeal after Court of Appeal finds qualified privilege defences made out ... Courts Editor Stephen Murray reports ... more

Full Court of the Federal Court ... Ninth and tenth day of submissions in the appeal brought by Ben Roberts-Smith ... Bret Walker SC, counsel for Roberts-Smith, makes submissions in reply ... Submissions from Nicholas Owens SC, counsel for respondents, on Thursday ... Decision reserved ... Courts Editor Stephen Murray reports ... more

Full Court of Federal Court ... Seventh day of submissions in Ben Roberts-Smith's appeal against dismissal of defamation action ... Nicholas Owens SC continues submissions for respondents ... Addresses court on killing of man with prosthetic leg at Whiskey 108 ... Makes submissions on death of Ali Jan at Darwan ... Courts Editor Stephen Murray reports ... more

Full Court of Federal Court ... Sixth day of submissions in appeal brought by Ben Roberts-Smith ... Nicholas Owens SC continues submissions for respondents ... Addresses Whiskey 108 mission in 2009 ... Submissions on killing of elderly man .. Importance of seeing evidence as a whole ... Courts Editor Stephen Murray reports ... more

Full Court of the Federal Court ... Fifth day of hearing in appeal brought by Ben Roberts-Smith ... Follows closed court submissions ... Nicholas Owens SC commences submissions ... Not like a "detective novel" ... Evidence from Roberts-Smith and his camp limits hypotheses available to trial judge ... Courts Editor Stephen Murray reports ... more

Full Court of the Federal Court ... Third day of submissions in Ben Roberts-Smith's appeal against dismissal of defamation claim ... Bret Walker SC points to inconsistencies in evidence of Afghan villagers over Ali Jan slaying ... Addresses finding of murder in respect of Chenartu mission ... Courts Editor Stephen Murray reports ... more

Full Federal Court ... First day of submissions in appeal over dismissal of Ben Roberts-Smith's defamation action ... Bret Walker SC opens case ... Addresses findings of murder at Whiskey 108 in 2009 ... Claims insufficient regard had to contemporaneous records, failure at time to report war crimes ... Courts Editor Stephen Murray reports ... more

Queensland Court of Appeal ... Ex-girlfriend wins appeal against award of $10,000 over complaint to police ... Errors found with respect to imputations ... Common law qualified privilege defence upheld ... Insufficient evidence of malice ... Courts Editor Stephen Murray reports ... more