County Court of Victoria … Halal certifier Islamic Co-ordinating Council of Victoria found to have been falsely accused of funding Islamic extremists by rival certifier … Allegations made to win business from meat exporter … Injurious falsehood not only actionable as defamation … Misleading or deceptive conduct … Editor Stephen Murray reports … more
Category: Litigation
Ryan Meuleman v Daniel Andrews & Anor
Federal Court of Australia … Former Victorian Premier Daniel Andrews and his wife file defence to defamation action brought by cyclist involved in a collision with them in 2013 … Cyclist suing over joint statement issued in response to media reports of an expert report casting doubts on Andrewses’ version of events … Editor Stephen Murray reports … more
Gayed v Bishop Angaelos of London
Supreme Court of New South Wales … Coptic Orthodox churchgoer has action against senior clerics dismissed … Action concerned serious claims of wrongdoing set out in anonymous newsletter emailed to congregation … Name of individual associated with account provided by defendant … No effort to join named individual to proceeding … No basis for action against clerics … Editor Stephen Murray reports … more
Michelmore v Brown (No 9)
Supreme Court of Western Australia … Perth lawyer obtains dispensation from obligation of confidence over affidavit … Sought to deploy it in application for final restraining orders … Follows defamation action against former clients … Primary evidence of conduct … Editor Stephen Murray reports … more
Sofronoff v ACT Integrity Commissioner
Federal Court of Australia … Former head of inquiry into prosecution of Bruce Lehrmann fails to overturn findings of serious corrupt conduct by ACT Integrity Commission … Walter Sofronoff KC provided confidential material to journalist Janet Albrechtsen, and an advance copy of final report to Albrechtsen and ABC journalist … Editor Stephen Murray reports … more
AI Film Production Limited v Wilson
Supreme Court of NSW … Actor and director Rebel Wilson prevented from pursuing some aspects of her cross-complaint in Californian court against co-producers of her directorial debut … Justice Elisabeth Peden finds NSW not an inappropriate forum to hear disputes against corporate entities … Equitable and inherent jurisdictions … Editor Stephen Murray reports … more
McVicker v Australian Broadcasting Corporation
District Court of Queensland … One time owner of travel booking portal loses action against ABC … Sued over report of company’s collapse … Publication limited to two people … Pleaded imputations not conveyed … Offer to make amends was reasonable … Editor Stephen Murray reports … more
CDL v Seven West Media [No 2]
Supreme Court of Western Australia … Former “lollipop man” loses defamation action against West Australian Newspapers … Article concerned loss of appeal over child sexual assault convictions … Imputations either not conveyed or found substantially true … Fair report of documents and proceedings of public concern … Editor Stephen Murray reports … more
Habermann v Cook Shire Council
Supreme Court of Queensland … Far North Queensland shire council tentatively submits duty of care to employee inconsistent with defamation law … Argument relied on incoherence principle in Tame v New South Wales and Sullivan v Moody … Justice Henry rules defamation did not preclude duty of care contended for … Editor Stephen Murray reports … more
Hoser v Pelley
Federal Circuit and Family Court of Australia … Snake catcher Raymond Hoser has defamation action against rival dismissed … Severable controversy from trademark infringement claims … Lack of jurisdiction … Claim brought out of time … No grounds for extension … Editor Stephen Murray reports … more
Sherrington v Independent Commissioner Against Corruption & Anor
Supreme Court of Northern Territory … Former school principal and her partner sue the NT ICAC and the NT over adverse ICAC findings … Defamation action against ICAC summarily dismissed … Application by principal to substitute NT for ICAC … Courts Editor Stephen Murray reports … more
Brewer (a pseudonym) v Swinburne University of Technology
County Court of Victoria … Nursing student has defamation action against Swinburne University of Technology summarily dismissed … Sought to sue on seven publications … Six were well outside period for any extension … Not reasonable not to have commended proceedings in respect of other publication within time … Courts Editor Stephen Murray reports … more