Sources    December 19, 2023

Al Muderis v Nine Network Australia Pty Limited

Federal Court ... High profile surgeon Munjed Al Muderis fails in bid to have Nine journalist Charlotte Grieve reveal sources ... Promise made to sources ... Public interest in disclosure did not outweigh public interest in non-disclosure ... Courts Editor Stephen Murray reports ... more

 

Sources    November 19, 2023

Munjed Al Muderis v Nine Network Australia Pty Ltd & Ors

Federal Court ... Surgeon seeks disclosure of confidential sources ... Journalist Charlotte Grieve claims journalist privilege ... Undergoes cross-examination on undertakings given to confidential sources ... Submissions from Sue Chrysanthou SC and Renée Enbom KC ... Courts Editor Stephen Murray reports ... more

 

Sources    July 13, 2023

Heston Russell v Australian Broadcasting Corporation & Ors

Federal Court ... ABC faces prospect of abandoning public interest defence in commando action ... Refuses to disclose identity of source for reporting of allegations of killing of detainee ... Orders requiring disclosure stayed pending hearing ... Statements from ABC ... Courts Editor Stephen Murray reports ... more

 

Sources    April 24, 2023

Ben Roberts-Smith and Secretary, Department of Defence

Administrative Appeals Tribunal ... Former SAS sergeant Ben Roberts-Smith seeks access to diary entries for Major-General Paul Brereton who conducted war crimes inquiry ... Case theory that he met with journalist Chris Masters on two occasions ... Defence Department maintains non-disclosure essential to integrity of inquiry ...Courts Editor Stephen Murray reports ... more

 

Sources    May 10, 2022

Poland v Hedley (No. 4)

The newspaper rule … Identities of Source A and Source B not revealed … Not in the interests of justice to identify the confidential sources … Legal professional privilege not "waived irrevocably" … Amended defence could effectively undo waiver … Defamation actions bedevilled by interlocutory disputes … Margery Ai reports ... more

 

Sources    February 21, 2022

Searching for the sources

Limited changes for scheme dealing with journalists' information warrants ... Significant restrictions remain in place ... New applicants sought for role of public interest advocates ... Journalists locked out of contesting warrants ... Maxim Shanahan reports ... more

 

Sources    November 16, 2021

F v Crime and Corruption Commission

Queensland's Court of Appeal ... Journalist appeals directions from Corruption and Crime Commission to reveal source of information ... Claim for public interest immunity, implied freedom of political communication ... Media union response ... Courts Editor Stephen Murray reports ... more

 

Sources    July 13, 2021

New armour for journalists in Queensland

Shield laws ... Consultation paper released by Queensland AG ... What to shield and how to do it ... Protection inside and outside the courtroom ... Police raids and administrative proceedings ... Limited nature of journalists' privilege ... Anna Kretowicz reports ... more

 

Sources    July 5, 2021

Kumova v Davison

Federal Court ... Journalist privilege cannot be claimed by self-styled citizen journalist ... Tweeter not a journalist ... Regard to "Cynical and Cranky take" description of account ... Use of account to defend and vindicate against attacks ... Twitter feed not a "news medium" ... Medium must be used "routinely or regularly" for news ... Protection of identity of a source ... Whether promise of confidentiality need be made anterior to information being provided ... "Great deal of information" provided before any promise ... Courts Editor Stephen Murray reports ... more

 

Sources    August 17, 2020

F v Crime and Corruption Commission

Queensland Supreme Court ... Newsroom supervisor challenges corruption watchdog over questioning ... Allegations police officer asked journalist to knock on door ... Public interest immunity claim rejected ... Not unfair of CCC to ask questions ... Implied freedom of political communication argument dismissed ... Courts Editor Stephen Murray reports ... more

 

Sources    February 19, 2020

Australian Broadcasting Corporation v Kane (No. 2)

Wide ambit for AFP's search warrant ... Federal Court dismisses national broadcaster's challenge to the validity of a search warrant ... Federal police seeking information about the source of stories about conduct of troops in Afghanistan ... Crimes Act ... Meaning of "defences" ... Implied freedom of political communication ... Evidence Act and journalists' privilege ... No protection for sources of public interest information ... Stephen Murray reports ... more

 

Sources    January 10, 2020

Roberts-Smith v Fairfax Media Publications Pty Limited (No. 3)

Journalists' privilege ... Protection of sources ... Informants as distinct from eyewitness ... Journalists' promise of confidentiality ... Claim that the privilege had been waived in the outlines of evidence ... Whether the privilege is destroyed at trial if sources are witnesses ... Stephen Murray reports ... more