Category: Interlocutory/Case-Management

Federal Court of Australia ... Pro-Israel activist not required to plead or particularise prior reputation to establish serious harm ... Suing over social media posts in wake of undercover visit to café ...  No universal requirement to prove prior reputation or plead it ... Forensic decisions have consequences ... Editor Stephen Murray reports ... more

District Court of Queensland ... Brisbane football club loses bid for summary judgment against ex-player ... Player suing over email explaining why her registration would not be accepted ... Suing club and member of committee ... Pleadings vague and ambiguous ... Entire statement of claim struck out ... Editor Stephen Murray reports ... more

District Court of NSW ... Self-represented plaintiff has pleaded publications and imputations struck out after failing to provide verbatim record of impugned phone calls ... Leave to replead ... Warning about use of generative artificial intelligence by litigants in person ... Citation of imaginary cases and principles of law ... Editor Stephen Murray reports ... more

District Court of NSW ... Jury trial rejected in defamation proceedings brought by former public servant ... Suing over podcasts linking him to child sex abuse and murder ... Difficulties with empanelling and maintaining jury ... Interests of justice and efficient court management ... Editor Stephen Murray reports ... more

Supreme Court of Western Australia ... Developer and tourism operator permitted to bring defamation action against WA Liberal figures ... Earlier refusal rested on Dank, now in doubt after High Court authorities ... Leave refused to bring action for tortious conspiracy against media and political defendants ... Editor Stephen Murray reports ... more

Federal Court of Australia ... Jazz club owner Albert Dadon obtains extension of time to bring proceedings against Australian Financial Review ... Suing over report of Fair Work claim brought by former manager ... Advised to not "poke the bear" while defending Fair Work proceeding ... Delay not unreasonable ... Editor Stephen Murray reports ... more

Federal Court of Australia ... Application for recusal of Justice Michael Wigney in stoush between Gina Edwards and Giles George ... Question of solicitors' equitable lien over costs ... Justice Wigney proposes cross-vesting of matter with Supreme Court proceedings on foot ... Editor Stephen Murray reports ... more

Supreme Court of Western Australia ... Mining safety training operator fails in bid to stay proceedings against them as an abuse of process ... Followed settlement of a claim for breach of copyright ... Issues in dispute and parties were not so similar as to constitute an abuse ... Strike out application refused ... Editor Stephen Murray reports ... more

Supreme Court of NSW ... Parents refused leave to file proposed amended statement of claim ... Directions for new claim ... Suing over reports of shaking injury made by forensic paediatrician to child protection authorities ... Rulings on capacity, imputations differing in substance, single meaning rule, republication, aggravation and irrelevant pleadings ... Courts Editor Stephen Murray reports ... more