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
Category: Injunctions
Murdoch University v Gooding
Injunction application dismissed by WA chief justice ... Preliminary inquiry into university ... Finding: "reasonable suspicion of misconduct" ... Critical article published by National Tertiary Education Industry Union ... Inquiry "a sham" ... Misleading and deceptive conduct ... Injurious falsehood ... Chilling effect ... Carmel Galati reports ... more
Capilano Honey Ltd v Dowling (No 2)
Injurious falsehood and defamation ... Blogger's attack on Capilano Honey ... Interim takedown and suppression orders, injunctive relief ... Failure to obey orders ... Orders revoked ... Unsuccessful appeal against revocation ... "Sex tape" ... Free speech ... Nick Bonyhady reports ... more
The School For Excellence Pty Ltd v Trendy Rhino Pty Ltd & Ors
Injunction granted to stop defamatory posts on Facebook ... Tutoring businesses for Victorian school students at loggerheads over copyrighted practice exams ... Facebook page taken down ... Commercial harassment ... Defamation defences unlikely to succeed ... Nick Bonyhady reports ... more
Munsie v Dowling (No 10)
Permanent injunction against publication of blogger's attacks on Kerry & Ryan Stokes and lawyer Justine Munsie ... Previous takedown orders ignored ... Tendency to publish without consideration of the truth or appropriateness of the imputations ... Persistent defamation of plaintiffs ... Louise Hall reports ... more
Injunctions, suppression and defamation
UPDATE ... Circumspection in reporting required for defamation cases ... Earlier injunction involving sexual abuse allegations lifted as "events changed dramatically" ... Names of anonymous litigants now revealed ... Confidential information in statement of claim suppressed in Ryde Ex-Services Club case ... Nick Bonyhady reports ... more
When the government’s secret documents fall into the hands of the media
Filing cabinets filled with newsworthy fodder ... Memories of Corrections Victoria v Nine Network ... Injunctions ... Privacy ... National security ... Recalling Mason J in Commonwealth v Fairfax ... Nick Bonyhady reports ... more
Gary Miller v An Overseas Newspaper & Ors
NSW Supreme Court Justice Lucy McCallum grants urgent injunction over “highly defamatory” overseas newspaper story and makes pseudonym orders in respect of the parties … Google Inc advises it will not remove its search engine results, but is ordered to do so ... more
Seven Network (Operations) Limited & Anor v Amber Harrison
Amber Harrison’s bid for a “clean break” in her battle with the Seven Network delayed again … Seven’s counsel successfully objects to “90 per cent” of what she wants to say in her statement to the court ... more
Seven Network (Operations) Limited & Anor v Amber Harrison
Amber Harrison saga continues in the NSW Supreme Court as Channel Seven presses her for its costs in seeking and being granted a comprehensive gag order … Harrison makes no appearance, but is given leave to make a submission tomorrow … Sara Tomevska reports ... more
Privacy injunction claim against Channel 4 dismissed
Issues of consent, privacy and the public interest feature in a UK decision not to injunct a Channel 4 program about bailiffs evicting people from their homes … This report from Media Lawyer’s Mike Dodd ... more
Justine Munsie & Ors v Shane Dowling
Lawyers for Kerrie Stokes apply for permanent injunction against a notorious blogger who continues to publish defamatory material in breach of a plethora of court orders … NSW Supreme Court Justice Stephen Rothman seems unimpressed by the defendant’s “submissions” ... more