Category: Injunctions

Federal Court ... eSafety Commissioner loses bid for final injunction against X Corp ... Required worldwide removal of posts featuring video of stabbing of Assyrian Orthodox Bishop in Western Sydney ... Notice valid use of power ... Injunction sought went beyond what was reasonable ... Comity of nations ... Courts Editor Stephen Murray reports ... more

Federal Court ... Mining investor Tolga Kumova fails in bid to prevent stocks tweeter from ever tweeting about him without leave of court ... Orders restraining @StockSwami tweeting about conduct up to date of order granted ... Indemnity costs of "insufficient and dishonest" discovery awarded ... Courts Editor Stephen Murray reports ... more

Injunctions granted against Sydney businessmen ... Follows ruling that they defamed and falsely injured Australian businessman Rodric David ...Contest over proposed order requiring notice to be given to internet platform operators ... Order narrowed down to seven operators ... Courts Editor Stephen Murray reports ... more

Nine investigative journalist restrained from approaching potential witnesses in defamation case without writing to seek consent ... Defamation case concerns allegations of branch stacking and misuse of publicly funded positions ... Prima facie case conduct would interfere with proper administration of justice ... Courts Editor Stephen Murray reports ... more

Federal Court ... Cosmetic surgeon's bid to restrain ABC from airing 4 Corners' story fails ... Justice John Nicholas found no prima facie case for final relief ... Daniel Lanzer sought to restrain use of material from former employees ... Argued breach of Corporations Act and employment contracts ... Damages adequate remedy ... Courts Editor Stephen Murray reports ... more

Federal Court ... High profile cosmetic surgeon seeks restraint on ABC from airing 4 Corners story ... Argues contracts with former employees prevents sharing of confidential information and impairing his reputation ... Anticipates "hatchet job" ... ABC submits impugned video little different from graphic videos shared on social media ... No evidence of inducement to breach contract ... Courts Editor Stephen Murray reports ... more

High Court unanimously finds that the search warrant executed at the home of News Corp journalist Annika Smethurst was invalid ... Warrant was ambiguous ... "Interests of the Commonwealth" misunderstood ... Authorisation of the search impossibly wide ... Court divided on the question of relief ... Majority rejected the application for an injunction and the return of the improperly seized material ... Equitable principles ... The Constitution ... Fundamental disagreement on principles of constitutional liberty ... Stephen Murray reports ... more

The ABC's request for the AFP to delay accessing files seized in June 2019 ... Urgent injunction ... Criminal proceedings against alleged source ... Police access to files depends on when and whether ABC appeals the warrant findings by Justice Abraham ... Costs ... Stephen Murray reports ... more

Geoffrey Rush fails in an application to permanently injunct Nationwide News from repeating the defamatory imputations published by the Daily Telegraph in November-December 2017 ... Public interest in the right of free speech ... No real risk the imputations would be repeated ... Post-judgment commentary significantly deflated Rush's vindication ... Nationwide News' submissions described as "alarmist ... mildly hysterical"... Right to report original judgment and appeal proceedings ... Justice Wigney also finds there could be no reasonable apprehension that he was partial to Rush ... Stephen Murray reports ... more