Federal Court ... Former One Nation senator Brian Burston awarded $250,000 ... Found to have been defamed by former colleague Pauline Hanson in Today show interview ... Imputations of sexual abuse and assault without provocation found conveyed ... Burston found to have sexually harassed staff ... Courts Editor Stephen Murray reports ... more
Category: Damages
Martin v Najem
NSW District Court ... Food blogger awarded $300,000 in aggravated damages ... Labelled a paedophile and a racist in Instagram stories ... Serious harm element ... Effect of amendments on cap on damages ... Power of District Court to grant permanent injunctions ... Courts Editor Stephen Murray reports ... more
Zuchowski v Howe; Howe v Cavendish Properties and Zuchowski
Victorian County Court ... Marina developer awarded $205,000 over Facebook comments ... Post-Voller decision ... Facebook administrator had control over comments ... Imputations of corruption ... Administrator succeeds in separate proceedings ... Courts Editor Stephen Murray reports ... more
Sherman v Lamb
Queensland District Court ... Man awarded $10,000 over ex-girlfriend's complaint to NSW Police ... Publication to ex-wife's solicitor not proved ... No duty to publish ... Malice ... Triviality defence defeated in respect of police complaint ... Aggravated damages ... Courts Editor Stephen Murray reports ... more
Molan v DailyMail.com Australia Pty Ltd
Federal Court ... Radio and television personality Erin Molan awarded $150,000 in aggravated damages ... Sued over Daily Mail article on Pacific Islander rugby league players' names ... Justice Bromwich rejects racist imputation ... Daily Mail warned about care and professionalism ... Courts Editor Stephen Murray reports ... more
Karzon v Pavlovic & Anor
Queensland District Court ... Gold Coast property owner awarded $78,279 in aggravated damages and interest ... Sued over claims he was aware one of his tenants was operating illegal brothel ... Qualified privilege defence defeated by malice ... No reciprocity of interest as premises were vacant ... Courts Editor Stephen Murray reports ... more
Palmer v McGowan (No. 5)
Federal Court ... Mining magnate Clive Palmer awarded $5,000 and Western Australian Premier Mark McGowan awarded $20,000 in cross claim ... Justice Michael Lee: "The game is not worth the candle" ... Judicial resources tied up when other real disputes await ... Lange defence considered ... More than nominal damages for Palmer ... Courts Editor Stephen Murray reports ... more
Barilaro v Google LLC
Federal Court ... Former NSW deputy premier John Barilaro awarded $715,000 in aggravated damages and interest over YouTube videos ... Justice Rares describes content as racist hate speech, cyberbullying ... Refers Google and Jordan Shanks for consideration of contempt proceedings ... Courts Editor Stephen Murray reports ... more
Aurisch v Wilson
French bulldog breeder awarded $115,000 in aggravated damages ... Defamed by posts alleging "puppy farm" conditions and wormy dogs ... Defences of truth, qualified privilege, honest opinion and triviality rejected ... Courts Editor Stephen Murray reports ... more
Colagrande v Kim
Cosmetic surgeon awarded $420,000 in damages and $31,511.29 in special damages … Competitor posted fake review on "RateMDs" website posing as patient who had falsely accused surgeon of sexual assault … Infliction of profound new trauma … Joint tortfeasors … Malicious intent … Aggravating circumstances … Permanent injunction ... Margery Ai reports ... more
The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd; Morrow v Cordell Jigsaw Productions Pty Ltd (No. 13)
Producer Julian Morrow awarded $35,000 in aggravated damages over emails to ABC discovered in commercial dispute with former production partner ... Morrow found ot have engaged in misleading or deceptive conduct and breach of director's duties in failing to advise partner of negotiations over show's re-commissioning ... Courts Editor Stephen Murray reports ... more
De Kauwe v Cohen [No4]
Supreme Court of Western Australia ... Directors' boardroom fight ... Defamation and injurious falsehood ... Perth company director awarded damages of $602,595 (including interest) ... Numerous publications ... Malice ... Reasonableness ... Costs and Calderbank offers ... Carmel Galati reporting ... more