Federal Court ... Justice Michael Lee hears cross-claims on whether Network Ten is liable for Lisa Wilkinson's costs in defending defamation action brought by Bruce Lehrmann ... "I told you so": Cross-claims overlap with defamation proceeding ... Plain that Wilkinson was within her rights to seek separate representation ... Courts Editor Stephen Murray reports ... more
Category: Costs
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Billionaire Kerry Stokes agrees to meet respondents' costs in defending defamation action brought by Ben Roberts-Smith ... Follows Full Court decision affirming refusal to set aside subpoenas for communications between Seven entities and Roberts-Smith's lawyers ... Costs payable on indemnity basis ... Courts Editor Stephen Murray reports ... more
Roberts-Smith v Fairfax Media Publication (No 45)
Federal Court ... Ben Roberts-Smith ordered to pay costs of respondents to defamation action on indemnity basis ... Followed his knowledge that a number of imputations were in fact true ... Roberts-Smith ordered to pay costs of interlocutory applications where he was successful ... Courts Editor Stephen Murray reports ... more
Russell v Australian Broadcasting Corporation (No 4)
Federal Court ... Former commando Heston Russell awarded partial indemnity costs ... Follows ABC's rejection of offer to settle for $99,000 ... Eventually awarded $390,000 plus interest ... Costs orders made by consent ... Justice Lee to make lump sum assessment ... Courts Editor Stephen Murray reports ... more
Callan v Chawk (Costs)
Federal Court ... Plastic surgeon awarded partial indemnity costs ... Found to have been defamed in review on medical site ... Awarded $50,000 in damages ... Final offer was to settle for no damages but costs ... Imprudent and unreasonable to refuse ... Courts Editor Stephen Murray reports ... more
CJZ Pty Ltd v Giant Dwarf Pty Ltd; CJZ Pty Ltd v Morrow (No 2)
NSW Court of Appeal ... Television producer Julian Morrow ordered to pay partial indemnity costs after losing appeal ... Rejection of 2020 offer not unreasonable ... Offer in 2023 would have left Morrow in far better position than eventual outcome ... Unreasonable to reject ... Courts Editor Stephen Murray reports ... more
Seven Network (Operations) Ltd & Ors v Fairfax Media Publications & Ors; Ben Roberts-Smith & Ors v Fairfax Media Publications & Ors
Federal Court ... Seven entities seek Full Court to hear leave to appeal application and appeal together ... Appeal over refusal to set aside subpoenas ... Counsel for Seven argues implications for third party litigation funders ... Counsel for respondents submits larger questions do not arise ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Argument on costs in Ben Roberts-Smith case ... Roberts-Smith concedes liability for costs, including costs on indemnity basis from March 2020 ... Respondents seek costs on indemnity basis from outset on basis Roberts-Smith knew imputations to be true ... Counsel for Roberts-Smith argues he was entitled to bring proceedings on basis of presumption of innocence ... Courts Editor Stephen Murray reports ... more
Lachlan Murdoch v Private Media Pty Ltd & Ors
Federal Court ... Media scion Lachlan Murdoch agrees to pay Crikey's costs in full ... Amounts to $1.3 million ... Crikey agrees to forward crowdfunding of $588,735 to Alliance for Journalists' Freedom ... Follows Murdoch's discontinuation of proceedings ... Courts Editor Stephen Murray reports ... more
Jean Khazen Nassif v Harbour Radio Pty Ltd & Anor
Federal Court ... Harbour Radio and Ray Hadley seek $1.53 million in security for proceedings brought by controversial Sydney property developer ... Jean Nassif is overseas, wanted by police, and his companies are facing liquidation ... Harbour Radio seeks guillotine order dismissing proceedings if security not met ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Justice Besanko declines to set aside subpoenas to Seven entities and Roberts-Smith legal team ... Subpoenas directed to issue of third party costs ... Seven and lawyers argued subpoenas too broad ... Reasons to come ... Courts Editor Stephen Murray reports ... more
Network Ten Pty Ltd v van Onselen (No 2)
NSW Supreme Court ... Former Network Ten political editor Peter van Onselen ordered to pay Network Ten's costs ... Followed Network obtaining declaration that van Onselen had breached non-disparagement clause ... Lack of injunction no indication of partial success ... Courts Editor Stephen Murray reports ... more