District Court of NSW ... Nine succeeds in having negligence action against it dismissed ... Action brought by former Scotland Island resident ... Claimed Nine was vicariously liable in negligence and intentional tort for assault on him in 2017 ... Limitation period expired ... Courts Editor Stephen Murray reports ... more
Category: Interlocutory/Case-Management
Tziotzis v Nine Digital Pty Limited (No 5)
Supreme Court of Victoria ... Funeral director loses appeal over registrar's refusal to set aside subpoena ... Subpoena detailed spent convictions for theft and obtain property by deception ... Nine's lawyers made independent searches informing subpoena ... No breach of Spent Convictions Act ... Courts Editor Stephen Murray reports ... more
Walter Sofronoff v ACT Integrity Commissioner
Federal Court of Australia ... Parliamentary privilege issue looms over former judge Walter Sofronoff's challenge to corruption findings ... Findings made in wake of inquiry into criminal proceedings against Bruce Lehrmann ... ACT Legislative Assembly Speaker seeks to take part as amicus ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court of Australia ... Ben Roberts-Smith seeks to re-open appeal to adduce new evidence and make further submissions ... Follows airing of recording of journalist Nick McKenzie in discussion with witness ... Suggestion that McKenzie was aware of Roberts-Smith's legal strategies ... Need for Full Court to consider application ... Courts Editor Stephen Murray reports ... more
Burrows v Houda (No 3)
District Court of NSW ... High profile lawyer Zali Burrows fends off bid to have action dismissed for lack of due despatch ... Suing fellow lawyer over tweets in 2019 and 2020 ... Burrows makes application to have matter transferred to Federal Court ... Application said to be misconceived ... Courts Editor Stephen Murray reports ... more
Gina Edwards v Nine Network Australia Pty Ltd & Ors
Federal Court of Australia ... Dispute between Sydney barrister and law firm Giles/George referred to mediation ... Justice Michael Wigney hopeful it might take "heat and excitement" out of bitter contest ... Orders made for counsels' fees to be paid to solicitors out of funds lodged with court ... Courts Editor Stephen Murray reports ... more
Angelo Pandeli v Nationwide News Pty Limited & Ors
Federal Court of Australia ... Bikie boss pressed to establish serious harm to reputation ... Suing over publications he claims makes him out to be cocaine kingpin ... Contest of reputation ... Publishers relying on serious harm threshold and mitigation of damages ... Courts Editor Stephen Murray reports ... more
O’Shanassy v Turland (No 2)
District Court of NSW ... Application to strike out contextual truth defence stood over to trial ... Former local councillor being sued over statements made at council meetings ... Observations on complexity of contextual truth defence in jury trial ... Courts Editor Stephen Murray reports ... more
Darling v Daniels
Federal Court of Australia ... Seven West Media succeeds in strike out application ... Proceedings brought by AFL player Jack Darling over anti-vax reports in The West Australian ... Darling claims Seven West is vicariously liable for publications ... Leave to replead ... Courts Editor Stephen Murray reports ... more
Gina Edwards v Nine Network Australia Pty Ltd & Ors
Federal Court of Australia ... Sydney barrister Gina Edwards falls out with Giles/George, the lawyers who acted for her in successful defamation action against the Nine Network ... Dispute over costs ... Edwards and Nine in dispute over assessment of costs by referee ... Giles/George granted leave to intervene on limited issue ... Courts Editor Stephen Murray reports ... more
Carter v Blanco
Supreme Court of Western Australia ... Port Hedland mayor succeeds in striking out aspects of his predecessor's defence ... Defendant sought to plead alternative imputations as part of a Hore-Lacy defence ... Alternative imputations struck out ... Liberty to replead ... Qualified privilege defences to be repleaded ... Courts Editor Stephen Murray reports ... more
Amanda Ghost & Ors v Rebel Wilson
Superior Court of California ... Anti-SLAPP motion by Rebel Wilson dismissed ... Wilson is being sued by the producers of her directorial debut over claims of sexual harassment, embezzlement and tax fraud ... Court rules publications not protected ... Made in course of private business dispute and not in the public interest ... Courts Editor Stephen Murray reports ... more