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
Category: Litigation
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
Shane Heal v Sydney Flames Basketball Pty Ltd
Supreme Court of NSW … Former coach of Sydney Flames has defamation action dismissed … Sued over media statement released by Flames … Statement was part of action dismissed by Federal Court … Ruled it did not further damage coach … Courts Editor Stephen Murray reports … more
Review of resolved matters 2020-2024
Data Journalism … Fall in number of resolved matters reported by GLJ between 2020 and 2024 … Preferred forums for mounting defamation actions … Have the 2021 reforms winnowed out the backyard disputes? … What types of publications have been sued on? … Data on appeals … Courts Editor Stephen Murray crunches the numbers … more
McCullagh v Northern Midlands Council, Knowles and Jennings
Supreme Court of Tasmania … Mayor and General Manager ordered to reimburse council costs paid for mounting defamation action … Pair sued community activist turned councillor over social media posts and emails … Council resolution to meet costs of litigation declared void and of no effect … No basis to fund private litigation … Courts Editor Stephen Murray reports … more
Linda Reynolds v Brittany Higgins
Supreme Court of Western Australia … Details of Brittany Higgins’ defence to defamation proceedings brought by former boss, Senator Linda Reynolds … Higgins to plead defences of justification, qualified privilege, and fair comment/honest opinion … Reynolds pleads conspiracy to injure … Courts Editor Stephen Murray reports … more
Amanda Ghost & Ors v Rebel Wilson & Ors
Superior Court of California … Australian comic actress Rebel Wilson sued by producers of her directorial debut … Follows claims by Wilson of embezzlement and sexual harassment … Plaintiffs allege falling out over writing credits and music licensing … Punitive damages sought … Courts Editor Stephen Murray reports … more