Statutory basis for the law of contempt is desirable ... Current murder case and the media's use of the word "alleged" ... Suppression and take-down orders ... Sub judice contempt ... Panel discussion with Professor David Rolph and barrister Matthew Lewis ... Veronica Lenard reports ... more
Category: Contempt
Nine Network Australia Pty Ltd v Peter David Schiff
Federal Court ... Nine Network withdraws bid to restrain American economist Peter Schiff from using documentary evidence in settled proceedings ... Restraint sought to enforce implied undertaking and prevent contempt ... Justice Ian Jackman indicates it might be necessary to address claims of dishonest conduct by Nine ... Courts Editor Stephen Murray reports ... more
Re Ramsay Health Care Australia Pty Ltd
Health care provider Ramsay Health Care avoids contempt finding over use of emails subpoenaed in defamation action ... Implied undertaking ... Actual knowledge ... Former Senior Corporate Counsel "drowning in work" ... Apology accepted ... Courts Editor Stephen Murray reports ... more
Khoury v Kirwan (No. 6)
Victorian Supreme Court ... Surgeons settle out of court ... Penalties for contempt ... Costs for private prosecution sought on indemnity basis ... "Extraordinarily high claim" ... Courts Editor Stephen Murray reports ... more
Ferguson v Dallow (No. 5)
Federal Court ... Scandalising the court ... "Vigilante" journalist and YouTuber ... Allegations against Tasmanian cabinet minister ... Order restraining further publication ignored ... New videos that repeated the substance of the original allegations ... Ineffective apology ... Family circumstances not relevant ... Sentenced to nine months imprisonment ... Janek Drevikovsky reports ... more
The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No. 8)
Supreme Court of NSW ... ABC avoids contempt over redactions of subpoenaed documents ... Dispute between Julian Morrow and Nick Murray over co-production arrangements on The Checkout ... ABC has no direct interest in litigation ... Redacted confidential information, information on third parties, irrelevant material ... Morrow seeks contempt declaration ... Justice Stevenson find conduct wilful but not contumelious to the Court’s process or in contempt ... Court's displeasure may be found in costs order ... Courts Editor Stephen Murray reports ... more
The Queen v The Herald & Weekly Times Pty Ltd
Over $1 million in fines for publishers over Pell trial contempt ... The Age and news.com.au singled out with heavy fines ... Usurped the function of the court ... Not satisfied the articles were designed to put pressure on trial judge ... Calculated risk to publish ... The Age and news.com.au: collateral attack on suppression orders ... Conduct considered contumacious ... Respondents to pay $650,000 in costs ... Courts Editor Stephen Murray reports ... more
The Queen v The Herald & Weekly Times Pty Ltd & Ors (Ruling No. 2)
Victorian Supreme Court ... Coverage of Pell trial verdicts ... Suppression order in place to protect second trial ... Sub judice contempt charges dropped against non-Victorian outlets ... 79 charges of contempt by sub judice and breach of suppression order remain ... Real risk of prejudice to administration of justice ... Courts Editor Stephen Murray reports ... more
Contempt for the digital age
Victorian Law Reform Commission's report on contempt of court ... Proposals for the law to be exhaustively laid out in a Contempt of Court Act ... Accessible language the order of the day ... Limiting the scope of "scandalising the court" ... "Unusual conduct" ... Public interest defence ... Reworking the definition of "publication" ... Exclusion of liability for online intermediaries ... Janek Drevikovsky reports ... more
KT v Google
Justice Des Fagan halts contempt proceedings against Google ... "Squandering of public resources" ... Further disclosure ... Ambiguity of Justice Rothman's original orders ... Time needed for a "human being" at Google to process the court's orders ... Whether Google was the publisher of reviews claimed to be defamatory ... Interfering with the decision of another judge ... Stephen Murray reports ... more
KT v Google LLC
Stay on contempt proceedings against Google ... Registrar ordered to hold off pending hearing later this month ... Prominent businessman subject to defamatory Google reviews ... Identity suppressed by the court ... Rothman J's original injunction against the tech giant said to be precipitious ... Liability of social media platform for third-party posts ... Power to order a stay at the behest of a party to contempt proceedings ... Stephen Murray reports ... more
DPP’s “scattergun and formulaic” contempt accusations rejected by the media
Pell trial fallout ... Law v The Media ... Lawyer representing 53 media organisations and employees reject the Victorian's DPP's allegations of contempt ... Imprecise particulars seeking to justify charges ... Lack of procedural fairness ... Letters sent to employees who took no part in the publishing process ... Richard Ackland reports ... more