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
Category: Concerns Notices
Piggott v Van Der Veen
District Court of NSW … Action dismissed over defects in concerns notice and statement of claim … Two publications sued on were statute barred … Failure to identify publications … Failure to particularise imputations and serious harm … Concerns about no fixed address for plaintiff … Indemnity costs … Editor Stephen Murray reports … more
Durrand v Lawrence & Ors
District Court of Queensland … FNQ teacher has defamation action dismissed as abuse of process … Sued over reports made by teachers and P&C association officers … Failure to identify and particularise serious harm in concerns notices … Failure to sufficiently identify matters complained of … Editor Stephen Murray reports … more
Reiter v News Corp Australia Pty Ltd
Supreme Court of Victoria … Action against News Corp Australia and Geelong Advertiser journalist dismissed over inadequate concerns notices … Action concerned article claiming professor had “bizarre encounter” with plaintiff … Purported concerns notices failed to detail imputations and serious harm, and failed to allow 28 days before proceedings commenced … Courts Editor Stephen Murray reports … more
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
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
Aguasa v Hunter
Supreme Court of Western Australia … Woman has defamation action dismissed after failing to observe NSW requirements on concerns notices … Action concerned emails sent to recipient in NSW … Justice Paul Tottle rules NSW concerns notice provisions to be substantive … Takes issue with Justice Peter Applegarth’s construction of them as procedural … Courts Editor Stephen Murray reports … more
Gayed v Virgin Mary & St Markorious Coptic Orthodox Church
Supreme Court of NSW … Coptic Orthodox Church parishioner seeks to sue priest and Church management over email sent to parishioners … Imputations of involvement in murder, money-laundering, theft and fraud … Said to be first instance of superior court of record considering validity of concerns notice with regards to serious harm element … Courts Editor Stephen Murray reports … more
Concerns notice provisions in the spotlight
Consideration of concerns notice provisions by Justice McElwaine in the Federal Court … Points of difference with authorities in lower courts … McElwaine J: concerns notice not a pleading document … Is there discretion to amend pleadings vis-à-vis the concerns notice? … Courts Editor Stephen Murray reports … more