Former High Court justice Michael McHugh reflects on career in defamation law ... Potential for public interest defence to expand freedom of expression ... Regret at not making late amendment to Lange judgment ... Role of juries in damages and reasonableness ... Discussion with Justice Applegarth ... Courts Editor Stephen Murray reports ... more
Category: Seminars, interviews & commentary
Rolph’s Contempt
Forthcoming book on Contempt by Professor David Rolph ... Q and A with GLJ ... Contempt in all its forms ... Securing public confidence in the administration of justice ... Greater procedural fairness ... Problems with penalties ... Need for a statutory footing ... The internet, the media and porous borders ... more
OpenAI’s liability for ChatGPT’s defamation
Liability for defamatory content produced by ChatGPT ... The role of OpenAI ... Cross-border dimension ... Defences ... Australian law distinguished ... Enforcement of defamation judgment ... Compliance and complications ... Analysis by Dr Michael Douglas ... more
Patrick George
Patrick George joins Rebekah Giles ... Interview ... Changes in defamation law over 18 years ... Removal of the cap on damages has been a "game changer" ... High profile cases ... Quest for the holy grail of qualified privilege ... Fault lines of defamation law ... The overarching issue ... more
Barbara McDonald
Professor Barbara McDonald ... Sydney Law School ... Interview ... Developments in torts ... Serions invasions of privacy ... Media's lack of engagement ... Public interest ... Defamation and the media ... Celebrity and the law ... Human rights ... Academic life ... more
Knights of the Roundtable
Attorney General Mark Dreyfus KC ... Follow up to the roundtable on press freedom ... Media presses for further reform of defamation laws ... Consideration of changes to police warrants for search and seizure of reporters' documents ... Review of metadata retention laws ... GLJ interview with the AG ... more
Year in review – 2022
Year in review ... Ben Roberts-Smith, Chelmsford doctors among significant cases ... Politicians beat a path to the Federal Court ... Local councillors join in the action ... High Court weighs in on Google search results ... Statutory law reform ... 2021 reforms take root ... Public interest defences emerge ... On the horizon for 2023 ... Courts Editor Stephen Murray reports ... more
Internet defamation reform update
Stage 2 defamation reforms for the internet ... Starting date set for January 1, 2024 ... Exemptions ... "Organic" search results ... Innocent dissemination v Safe Harbour ... Third year review ... Stage 1 still looking for uniformity ... Commentary from Kevin Lynch ... more
Sandy Dawson SC – a personal reflection
Fond memories of mentoring Sandy Dawson in the 1990s ... Friendship ... Cars ... Clothes ... Leadership and compassion demonstrated in two significant defamation cases ... Patrick George pays tribute ... more
Two faces of the “single meaning” rule
Different interpretations applied to the "single meaning" rule ... The High Court recently passed on an opportunity to clarify the contention ... The rule's two faces ... Analysis from Sydney barrister Daniel Ward ... more
Sandy Dawson SC (1972 – 2022)
Tributes to Sandy Dawson SC following his death at age 50 ... Statements from Bar Association, NSW Chief Justice, colleagues at Banco Chambers ... Remembered as a talented and industrious leader ... Loss to the Bar, the law and family ... Courts Editor Stephen Murray reflects ... more
Gatto v Australian Broadcasting Corporation
Melbourne identity unsuccessfully sought special leave to appeal ... The single meaning rule ... Determination of defamatory meanings ... Finding upheld that imputations did not arise ... Important issues unresolved ... Graham Hryce comments ... more