Federal Court ... Full Court adjourns costs hearing in Bazzi v Dutton ... Comes after late night affidavit revises bill ... Guy Reynolds SC raises "theoretically" the possibility of "sham bills" ... Barry Dean, counsel for Bazzi, rejects possibility of windfall for his client ... Courts Editor Stephen Murray reports ... more
Category: Costs
Palmer v McGowan (No. 6)
Federal Court ... WA Premier has a partial win on costs in defamation action with Clive Palmer ... Offer made ahead of trial to settle on walk away basis ... Asymmetry of responsibility ... Political jousting went too far ... Only one prepared to step back ... Courts Editor Stephen Murray reports ... more
Dyer v Chrysanthou & Anor
Costs of $430,200 ordered against Christian Porter and Sue Chrysanthou SC ... Costs arising from action by Jo Dyer to restrain Chrysanthou from acting for Porter ... Porter and Chrysanthou sought to halve costs ... Discount for senior counsel's costs ... Courts Editor Stephen Murray reports ... more
Peter Dutton v Shane Bazzi
Federal Court ... Argument over costs in Dutton v Bazzi ... Dutton seeks indemnity costs over offers ... Bazzi seeks reduction in costs for incomplete success and application of Rule 40.08 ... Courts Editor Stephen Murray reports ... more
Christian Porter v Australian Broadcasting Corporation & Anor
Former Attorney-General Christian Porter tells Parliament blind trust has partially funded his legal costs in ABC defamation action ... Not aware of conduct or funding of trust ... Shadow Attorney-General Mark Dreyfus claims lack of knowledge of donors an "outrageous abuse" ... Courts Editor Stephen Murray reports ... more
Herron v HarperCollins Publishers Australia Pty Ltd (No. 4)
Federal Court ... Justice Jagot rejects bid for indemnity costs ... Applicants' case not bound to fail ... Vicissitudes of litigation ... Inference bid for indemnity costs followed comprehensive victory ... Lump sum costs order with set-off ... Courts Editor Stephen Murray reports ... more
Jo Dyer v Sue Chrysanthou & Anor
Federal Court ... Former Attorney-General, high-profile silk face $550,000 in opponent's costs ... Follows successful action by Jo Dyer to restrain Sue Chrysanthou SC from acting for Christian Porter ... Costs ordered against Porter and Chrysanthou ... Dispute over lump sum costs procedure ... Chrysanthou and Porter seek timesheets and invoices ... Asymmetry of information ... Justice Thawley orders production ... Referred to registrar for mediation or determination ... Courts Editor Stephen Murray reports ... more
Etnyre v Australian Broadcasting Corporation
Federal Court ... US residents suing the ABC over a Foreign Correspondent report by Samantha Hawley on Ukraine surrogacy ... Order for security may "stifle" the litigation ... Impecuniosity of applicants posed risks for the respondent ... The case confronted by "real issues" ... Janek Drevikovsky reports ... more
Dyer v Chrysanthou (No. 2) (Injunction) and (No. 3) (Costs)
Christian Porter and his silk Sue Chrysanthou SC ordered to pay costs of injunction bid ... Jo Dyer successfully sought restraint over conference ... Justice Thawley rules real risk of misuse of confidential information ... Releases redacted reasons for decision ... Real risk of subconscious use of information ... Fair minded member of public would see conflict ... Justice Thawley qualifies Chrysanthou's submissions on costs ... Failed to see conflict ... No reason to apply discount for Porter ... Courts Editor Stephen Murray reports ... more
Christopher Murphy v Nationwide News & Anor
Federal Court ... Court hears of $120,000 offer to settle in Chris Murphy's action against Nationwide News and gossip columnist ... Offer contingent on non-disparagement clause, forfeiture if third party sued ... Justice Michael Lee said position would have been different if offer of compromise under Federal Court Rules made ... Acceptance of Calderbank offer would not have provided vindication ... Costs awarded to Murphy ... Courts Editor Stephen Murray reports ... more
Stead v Fairfax Media Publications Pty Ltd (No. 2)
Federal Court ... Fairfax and columnist ordered to pay costs of venture capitalist on partial indemnity basis ... Failure to accept reasonable offer of settlement for $190,000 and removal of articles ... Fairfax and Aston argued partial success in paring imputations ... Justice Lee said granular approach to causes of action should not be adopted ... As a matter of substance Stead did better than her first offer ... Justice Lee sees why acceptance could be "perhaps galling" ... Courts Editor Stephen Murray reports ... more
Elaine Stead v Fairfax Media Publications & Anor
Federal Court ... Venture capitalist Elaine Stead seeks indemnity costs following victory ... Counsel claims Stead was told to "bugger off" following offers ... Articles taken down ... Fairfax, Joe Aston seek costs orders of 75 percent ... Stead's costs run to $1.1 million ... Offered to settle for $190,000, then $140,000 with an apology ... Justice Michael Lee considers whether s.40 of Defamation Act a factor ... Fairfax argues vindication not complete ... Courts Editor Stephen Murray reports ... more