NSW District Court ... De facto partner of slain man fails in defamation proceedings against Nine Network and Nationwide News over gang claims ... Claims she was identified by being in intimate relationship and having children with him ... Court holds she was not identified in publications ... Courts Editor Stephen Murray reports ... more
Category: Imputations
Duffy v Google LLC
Supreme Court of South Australia ... Duffy v Google redux ... Public health researcher takes on Google again over snippets returned by search engine ... Court finds publication on Australian domain ... Innocent dissemination and triviality defences rejected ... Parties to be heard on damages ... Courts Editor Stephen Murray reports ... more
Russell v Australian Broadcasting Corporation
Federal Court ... Former special forces platoon commander defamed by ABC reports of alleged war crime ... Separate hearing on questions of meaning ... Reports that investigation of Afghan prisoner killing was underway ... "Damning" reporting of "fire and bodies" left in platoon's wake ... Courts Editor Stephen Murray reports ... more
Heston Russell v Australian Broadcasting Corporation
Federal Court ... Former commando Heston Russell suing ABC over reports of war crimes in Afghanistan ... Separate question of meaning ... Russell only commando identified in reporting ... Decision reserved ... Courts Editor Stephen Murray reports ... more
Schiff v Nine Network Australia Pty Ltd (No 2)
Federal Court ... American banker found to have been defamed by 60 Minutes broadcast ... Seven imputations found to have been conveyed ... Impression conveyed by tone, film techniques and music ... Accompanying article not found to have conveyed pleaded imputations ... Courts Editor Stephen Murray reports ... more
Kelly v University of New South Wales
NSW District Court ... Student loses action over complaint recorded by University of New South Wales and security contractor ... Imputation found conveyed by university, but not by contractor ... Defences of qualified privilege and triviality made out ... Courts Editor Stephen Murray reports ... more
Kelly v Davis & Anor
NSW District Court ... Mature age student sues over Facebook posts he alleged painted him as sexual predator ... Failed to establish identification after using alias on Facebook ... Judge Abadee makes contingent findings on imputations, defences and damages ... Courts Editor Stephen Murray reports ... more
Peter David Schiff v Nine Network Australia & Ors
Federal Court ... Court hears argument on separate question of meaning ... American banker and financial commentator Peter Schiff suing Nine Network and journalists over 60 Minutes broadcast and accompanying Age article ... Argument over suspicion and guilt ... Courts Editor Stephen Murray reports ... more
Courtney v Cayman News Service Ltd
Lawyer fails to obtain summary judgment over Cayman Islands reports ... Reports concerned motor vehicle accident in which the lawyer was the driver ... Takes issue with description "hit and run" ... Real prospects of successful defence ... Courts Editor Stephen Murray reports ... more
Taylor v Nationwide News Pty Ltd (No. 2)
Son of Kings Cross identity loses defamation case ... Sued over portrayal in 24 page wraparound on Ibrahim family ... Argued imputations he was member of mafia, mobster or criminal involved in organised crime ... Imputations found not to be conveyed ...Courts Editor Stephen Murray reports ... more
Peter V’landys v Australian Broadcasting Corporation & Anor
Racing NSW CEO loses defamation action against ABC, journalist Caro-Meldrum Hanna ... Justice Michael Wigney finds none of the imputations pleaded conveyed ... V'landys not aware of cruelty and allegations NSW horses sent to abattoirs and knackeries ... Program did not convey he lied or was dishonest ... No malice by ABC or Meldrum-Hanna in not revealing footage to V'landys or the structure of the program ... Hurt to feelings minimised by relying on inaccurate reports of program ... Courts Editor Stephen Murray reports ... more
Gatto v Australian Broadcasting Corporation & Ors
Victorian Supreme Court ... Gangland figure Mick Gatto loses defamation action against ABC ... Sued over article linking him to threats against barrister-turned-informant Nicola Gobbo ... Imputations pleaded he had engaged in conduct, not that he was suspected of doing so ... Reader would have understood there to be suspicions ... Not necessary to determine fair report defences ... Unable to do so so given inferential case ... Courts Editor Stephen Murray reports ... more