Category: Litigation

County Court of Victoria … Ratepayer activist avoids being subject to intervention order sought by local mayor … Magistrate’s decision to grant order overturned for procedural unfairness … Conduct amounted to stalking … Exemption for conduct performed in course of publishing news and current affairs, political activity and public affairs … Editor Stephen Murray reports … more

Supreme Court of Western Australia … Yacht owner fails in bid to obtain pre-action discovery to identify potential defendants … Arises from allegation yacht was observed speeding in Swan River causing damage to other boats and fixtures … Evidence did not support inference communications were defamatory … No backing or foundation for cause of action … Editor Stephen Murray reports … more

Federal Circuit and Family Court … Snake catcher loses defamation action against reptile educator … Necessary for trade mark infringement and defamation action to share same substratum of facts for court to hear defamation claim … Similar issues of damage to business reputation … Failure to establish publications caused serious harm to reputation … Editor Stephen Murray reports … more

Supreme Court of NSW … Submissions in costs assessment process attract judicial immunity and absolute privilege defence to defamation … Law firm sued over submissions made by solicitor to costs assessor … Assertions on their face said to be defamatory … Inadequate further particulars in response to concerns notice rejected … Editor Stephen Murray reports … more

Supreme Court of Western Australia … Former Honorary Consul for Sri Lanka in Perth fails to obtain pre-action discovery orders … Sought identities of anonymous members of Facebook group who left allegedly defamatory comments … Failure to make enquiries of Meta … Inquiries limited to demand of group administrator … Editor Stephen Murray reports … more

Federal Court of Australia … Shock jock Kyle Sandilands files reply to defence by former employer Australian Radio Network (ARN) … Pleads broadcaster publicly exploited and monetised his on- and off-air clashes with co-host Jackie “O” Henderson … Accepts description of his conduct but disputes characterisation of it as bullying and serious misconduct … Editor Stephen Murray reports … more

Federal Court of Australia … Australian Radio Network (ARN) files defence in proceeding brought by presenter Jackie “O” Henderson … Pleads that business services agreement between ARN and Henderson and her services company falls outside Fair Work protections … Denies taking adverse action over complaint letter … Editor Stephen Murray reports … more

Federal Court of Australia … Reply to defence filed by young man suing Daniel and Catherine Andrews over media statement … Ryan Meuleman takes issue with claim expert report prepared in breach of Harman undertaking … Pleads statement caused serious harm to reputation … Pleads qualified privilege defence fails for malice … Editor Stephen Murray reports … more