Category: Qualified Privilege

Rare triumph of truth, s.22 qualified privilege and comment of a stranger all succeeding to defeat action by real estate agents against The Mosman Daily. Calderbank offer declined by plaintiffs but application by newspaper for indemnity costs rejected ... more

Now that the application to strike out the action on grounds of absolute privilege has failed, Len Ainsworth’s case may be the last of the grand old full jury defamation trials in NSW ... more

Republication made under parliamentary privilege can go to damages in defamation case against other parties. Privilege of parliament not impugned says Queensland Court of Appeal ... more

According to Justice Bernard Bongiorno, the High Court’s decision on qualified privilege in Bashford requires a “narrow focus both as to subject matter and audience”. Joe Gutnick has Dow Jones’ defences struck out ... more

Parliamentary privilege prevents pleading of further damage arising from defamatory letter republished in parliament ... more

Justice McHugh digs in against High Court revisionism on common law qualified privilege ... more

Final submissions in important comment case. The Sydney Morning Herald also argues that Lange qualified privilege extends to discussion about the conduct of judicial officers ... more

60 Minutes has a “derivative” qualified privilege to broadcast a reply to an attack on the subject of an interview. Malice and damages sent back to a jury by Court of Appeal ... more

Common law qualified privilege still standing as a defence for Dow Jones in Gutnick case ... more