Category: Interlocutory/Case-Management

Interlocutory/Case-Management    August 16, 2026

Gazecki v Fell

Supreme Court of NSW ... Plaintiff suing defendant over email to MidCoast Council lawyer and employee ... Reference to police complaints about vandalism to property ... Subpoena to Police Commissioner for records of complaints ... Defendant submits subpoena abuse of process ... Likely claim for absolute privilege ... Editor Stephen Murray reports ... more

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Interlocutory/Case-Management    August 14, 2026

Latham v Greenwich

Federal Court of Australia ... Independent MP Alex Greenwich loses bid to obtain freezing order over proceeds of sale of Mark Latham's property ... Expressed fear assets would be dissipated, preventing satisfaction of damages and costs orders ... Pointed to early transactions significantly undervaluing property ... Without more, Court not satisfied of risk of dissipation ... Editor Stephen Murray reports ... more

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Interlocutory/Case-Management    August 11, 2026

Mark Latham v Alex Greenwich

Federal Court of Australia ... Alex Greenwich MP seeks freezing order over sale of NSW Upper House MP Mark Latham's property ... Follows awards of damages in Federal Court and NSW Civil and Administrative Tribunal ... Fear of danger of dissipation ... Earlier transactions of concern ... Latham says fears unfounded ... Editor Stephen Murray reports ... more

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Interlocutory/Case-Management    July 27, 2026

Sandilands v  Commonwealth Broadcasting Corporation Pty Ltd

Federal Court of Australia ... Court declares no implied undertaking concerning information contained in affidavits filed by Kyle Sandilands and his business manager ... Affidavits filed as deed of release was being executed ... Justice Stewart says information provided in affidavits as evidence to be relied on is not compulsorily produced ... Choice to provide information contained in affidavits ... Editor Stephen Murray reports ... more

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Interlocutory/Case-Management    July 12, 2026

Bangura v Kpaka

District Court of NSW ... Court warns against excessively adversarial response to requests for documents underpinning defence particulars ... Plaintiffs suing over claims on WhatsApp ... Allegations of drug dealing and organised crime ... Initial refusal to provide documents in request for further defence particulars ... Editor Stephen Murray reports ... more

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Interlocutory/Case-Management    July 5, 2026

Cassuto v Kostakidis (No 2)

Federal Court of Australia ... Former SBS news reader Mary Kostakidis and Zionist Federation of Australia (ZFA) CEO Alon Cassuto lose respective bids to amend categories of discovery ... Court accepts Kostakidis' case of proceedings brought in bad faith is not purely speculative ... Access to Lawyers for Israel WhatsApp message would require determination of issue at low threshold ... Editor Stephen Murray reports ... more

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Interlocutory/Case-Management    June 30, 2026

Onakoya v The Sydney Children’s Hospitals Network (No 4)

Supreme Court of NSW ... Parents of premature baby lose bid to strike out defences from Children's Hospital ... Suing over report made to child protection authorities ... Hospital pleading statutory immunity, justification and qualified privilege ... Failure to plead malice ... Conflicts in particulars and fact-sensitive defences matters for trial ... Editor Stephen Murray reports ... more

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Interlocutory/Case-Management    June 30, 2026

Lilomaiava v Faauli

County Court of Victoria .. Woman loses application to have action over Facebook posts summarily dismissed over adequacy of concerns notice ... Details of publication, imputations and serious harm challenged ... Statement of claim has deficient particulars ... Leave to replead ... Separate hearing on serious harm ... Editor Stephen Murray reports ... more

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Interlocutory/Case-Management    June 30, 2026

Whelan v Lazarou (No 2)

District Court of NSW ... Strata committee member loses bid to have action brought by strata manager summarily dismissed ... Manager suing over posts on social media ... Imputations of greed and law-breaking ... Dispute over serious harm ... Dispute over publication ... Issues triable ... Editor Stephen Murray reports ... more

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Interlocutory/Case-Management    June 29, 2026

Alon Cassuto v Mary Kostakidis

Federal Court of Australia ... Interlocutory applications over categories for discovery in racial vilification action brought by CEO of Zionist Federation of Australia against former newsreader Mary Kostakidis ... Counsel for Alon Cassuto submits case for discovery speculative and oppressive ... Senior counsel for Kostakidis submits relevance to bad faith case ... Editor Stephen Murray reports ... more

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Interlocutory/Case-Management    June 24, 2026

Carter v University of Wollongong

District Court of NSW ... Medical student at University of Wollongong fails in bid to obtain preliminary discovery identifying sources of student complaints ... Student and staff complaints resulted in exclusion ruling, later overturned ... Disputes over categories of discovery ... No objectively based desire to commence defamation action ... Editor Stephen Murray reports ... more

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Interlocutory/Case-Management    June 24, 2026

Russell v S3@Raw Pty Ltd (No 4)

Federal Court of Australia ... Former Pilates studio operators lose bid to transfer proceeding from Queensland Registry to Victorian Registry ... Facing action for misleading and deceptive conduct and defamation, as well as debt claim ... Distinction between transfer of Registry and venue for hearing ... Efforts better directed to timetabling ... Editor Stephen Murray reports ... more

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