Comment    October 5, 2018

Jones & Anor v Aussie Networks Pty Ltd & Anor

Cold calling stock promoter loses defamation action against online discussion forum ... No malice but qualified privilege defeated because inquiries were not made of the plaintiff before publication ... Honest opinion based on substantially true facts ... Nick Bonyhady reports ... more


Comment    August 1, 2018

Feldman v Polaris Media Pty Ltd as trustee of The Polaris Media Trust trading as The Australian Jewish News (No 2)

Justice McCallum finds for The Australian Jewish News in Feldman defamation case ... "Highest journalistic integrity" ... Honest opinion and justification made out by defendants ... Plaintiff attempting to revise the evidence he gave to the child sex abuse Royal Commission ... "Bizarre" evidence ... Contextual truth considered ... Defence of fair protected report rejected ... Stephen Murray reports ... more


Comment    June 29, 2018

Stuckey v Australian Medical Association (Victoria) & Mirabelli

Defamation action by medicos over letters circulated at Monash radiology unit ... Honest opinion defence based on "notorious facts" ... Proper material for trial ... Judge "hesitant to stifle the potential development of the law" ... Stephen Murray reports ... more


Comment    April 21, 2018

Tabbaa v Nine Network Pty Ltd (No.10)

Mistake by counsel should be corrected by the court ... Counsel for the plaintiff did not object to judge's failure to spell out the "public interest" requirement of the honest opinion defence ... Application to set aside verdict refused ... Criticism of plaintiff's counsel ... Zero damages where imputations found to be true overwhelmed those where the justification defence failed  ... more


Comment    November 1, 2015

Barry McEloney v Stephanie Massey

Rare victory for defence of honest opinion as WA District Court judge dismisses defamation claim brought by an accountant over nine Facebook posts criticising him professionally … The posts were honest opinion based on true facts, and in the public interest ... more


Comment    September 3, 2014

Timothy Williams v John Katis

The defence of comment makes a rare successful appearance in a judgment from the Supreme Court of Victoria involving a bitter dispute between candidates in a municipal election … All the imputations pleaded are also true ... more


Comment    December 2, 2013

Kim Ahmed v Harbour Radio Pty Ltd & Ray Hadley

A NSW Supreme Court jury finds Ray Hadley’s defamation of the wife of a convicted child sex offender indefensible … This despite Justice Henric Nicholas directing a verdict for the defendant in relation to three imputations ... more


Comment    August 1, 2011

Sarah Thornton v Telegraph Media Group Ltd

Author Sarah Thornton’s action against The Daily Telegraph is notable for a number of firsts – including the first time a court has awarded general damages for malicious falsehood. This analysis by Hugh Tomlinson QC first appeared in Inforrm ... more


Comment    February 22, 2011

Sarah Thornton v Telegraph Media Group Ltd

The defence of “honest comment” gets some further refinement in author Sarah Thornton’s libel action against London’s Daily Telegraph. Sara Mansoori reviews a recent decision in this article, which first appeared on the International Forum for Responsible Media Blog, Inforrm ... more


Comment    June 22, 2009

Phil Cleary and Allen & Unwin v Dyson Hore-Lacy

Prominent silk Dyson Hore-Lacy wins latest bout in long-running interlocutory battle with author Phil Cleary and Allen & Unwin. Victorian Court of Appeal finds trial judge rightly refused the pair leave to re-plead “futile” comment defence ... more