ACT Civil and Administrative Tribunal ... Woman awarded $10,000 in aggravated damages ... Defamed by livestreamed interview on libertarian YouTube channel ... Accusations she was involved in child trafficking and child abuse network ... Tribunal rejects claim against alleged publisher ... Courts Editor Stephen Murray reports ... more
Category: Damages
Hallam v O’Connor and Pyne
District Court of Queensland ... Former local government peak body chief awarded over $500,000 in aggravated and special damages and interest ... Former MP and activist were sued over Facebook posts ... Plaintiff likened to Jabba the Hutt in one post ... Reflections on his integrity ... Courts Editor Stephen Murray reports ... more
Greenwich v Latham
Federal Court of Australia ... Independent NSW Member of Parliament Alex Greenwich awarded $140,000 in aggravated damages ... Sued over tweet by outspoken Upper House Member Mark Latham ... Grooming imputations in comments to Daily Telegraph not found conveyed ... Courts Editor Stephen Murray reports ... more
Case round-up from London
Claim for damages under data protection law - ripe for appellate consideration ... Newspaper headlines, extrinsic facts, and innuendo ... Claim for damages in malicious falsehood without financial loss ... Floyd Alexander-Hunt reports from London ... more
Lazos v West Australian Newspapers (No 2)
Western Australian Supreme Court ... Former public servant awarded $180,000 over fraud charges report in The West Australian ... Article claimed plaintiff was "top public official" ... Imputation that he behaved dishonestly ... Fair report and fair summary defences rejected ... Qualified privilege defences rejected ... Courts Editor Stephen Murray reports ... more
Edwards v Nine Network Australia Pty Limited (No. 5)
Federal Court ... Sydney barrister Gina Edwards awarded $150,000 in aggravated damages after A Current Affair broadcasts ... Defamed by allegations she stole Oscar the cavoodle for her own financial benefit ... Justification defence fails ... Contextual truth defence rejected ... Deceptive means of obtaining Oscar mitigates damages ... Courts Editor Stephen Murray reports ... more
Saxena v Singh & Ors
County Court of Victoria ... Melbourne doctor awarded $70,000 over two one-star Google reviews ... Reviews suggested he was incompetent and unfeeling ... Defences of justification, triviality, honest opinion, qualified privilege rejected ... Reviews actuated by malice ... Courts Editor Stephen Murray reports ... more
FJ (pseudonym initials) v Siglin
Supreme Court of Western Australia ... Man awarded $250,000 in aggravated damages over false claims he was arrested for killing former president of an outlaw motorcycle gang ... Pseudonyms, suppression orders and closed court employed for proceedings ... Concerns for security ... Courts Editor Stephen Murray reports ... more
Greiss v Seven Network (Operations) Limited (No 2)
Federal Court ... Sydney man awarded $37,940 in damages and interest over Facebook post reporting he spat "at" rape complainant ... Justification defence fails ... Contextual truth defence succeeds in respect of news item and tweet ... Honest opinion succeeds in respect of tweet ... Courts Editor Stephen Murray reports ... more
Courtney v Maguire; Maguire v Courtney
County Court of Victoria ... Retired businessman awarded $125,000 in aggravated damages ... Sued over Facebook posts made after he was critical of anti-brumby culling legal strategy ... Jury rejects counter-claim ... Claims of links to organised crime figures grounds for aggravation ... Courts Editor Stephen Murray reports ... more
Fong-Jones v Flow Chemical Pty Ltd
Supreme Court of Victoria ... Online activist and advocate for transgender rights awarded $445,000 in aggravated damages ... Sued Queensland host of notorious online forum Kiwi Farms ... No appearance by defendants ... Courts Editor Stephen Murray reports ... more
Spencer v McKay
County Court of Victoria ... Melbourne woman awarded $85,000 in aggravated damages ... Followed video claims she was a Luciferian and Satanist ... Imputation of devil worship ... Defences of justification, contextual truth and honest opinion defeated ... Courts Editor Stephen Murray reports ... more