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Trial reports    May 6, 2015  
Rachelle Louise v Nationwide News Pty Ltd

The second day of Rachelle Louise’s defamation action against The Daily Telegraph is marked by a few tears, quite a lot of attitude and more of her belief in Simon Gittany’s innocence … The plaintiff is undermined by her own publicity on Instagram and LA Talk Radio ... more

Trial reports    May 5, 2015   thumbnail
Rachelle Louise v Nationwide News Pty Ltd

Gutter journalism at its worst, says barrister for the girlfriend of convicted murderer Simon Gittany… She’s not a prostitute, she’s “a modern-day Joan of Arc” ... “Joan” has her day in court ... more

Seminars, interviews & commentary    May 4, 2015  
Battle of the bulge: Bernstein v Poon

Defamation Canadian style isn’t all that different from the Australian experience … Costly, ego-driven and the subject of some withering comments by the judge … Melbourne barrister Vince Stefano looks at a case involving two diet doctors ... more

Media Matters    April 30, 2015   thumbnail
Media to challenge continuing terror trial secrecy

Restrictions on reporting the UK trial of a law student on terrorism charges are being challenged in the Court of Appeal by a group of media organisations … Media Lawyer’s Mike Dodd reports ... more

Appeals    April 27, 2015  
David Jeffrey & Thomas Curnow v Virginia Giles; Virginia Giles v David Jeffrey & Thomas Curnow

Appeal over modest damages for campaign of online defamation results in substantial increase … The original damages “border on derisory” says Victoria’s Court of Appeal … The respondent’s cross-appeal on costs fails ... more

Interlocutory    April 24, 2015   thumbnail
Jasmin White v Laura Sparkes

Channel Seven journalist off the hook as a defamation case brought solely against her is dismissed for lack of diligence … NSW District Court Defamation List Judge Judith Gibson expounds on the problems of the self-represented litigant ... more

Seminars, interviews & commentary    April 21, 2015  
Re-evaluating Campbell v MGN Ltd: Great promise unfulfilled

How has the right to privacy promised by Campbell fared in the past ten years? ... Not too well, according to University of Leeds academic Dr Paul Wragg ... His analysis looks at why courts have consistently permitted the public interest to trump the misuse of private information ... more

Media Matters    April 21, 2015   thumbnail
"Error" in journalist prosecutions

After four more British journalists are acquitted of paying public officials for stories, the former UK Director of Public Prosecutions says their prosecution was a mistake … More weight needs to be given to the public interest ... more

Damages    April 19, 2015  
Jarrod Sierocki & Anor v Paul Klerck & Ors

Queensland Supreme Court awards record amount of damages to a man who was repeatedly defamed on various websites by his former business partner and others, including a disaffected former client ... more

Appeals    April 17, 2015   thumbnail
Aleksandra & Ljiljana Gacic & Branislav Ciric v John Fairfax Publications Pty Ltd & Matthew Evans

Twelve years after a scathing restaurant review in The Sydney Morning Herald, three former restaurateurs succeed in having their damages increased, with interest backdated four years … Fairfax accused of “high-handed conduct” ... more

Seminars, interviews & commentary    April 14, 2015  
A torrent of misunderstanding?

Last week’s Federal Court judgment allowing Dallas Buyers Club to find out who illegally downloaded and shared the film was widely misinterpreted, according to Sydney copyright lawyer Eli Fisher ... His analysis examines the vexed issue of damages, along with the copyright holder’s possible true intent ... more

Suppression    April 13, 2015   thumbnail
Once more unto the breach

Journalists and publishers are still waiting to see if they will be charged for breaching suppression orders related to Adrian Bayley, the Melbourne man convicted of raping and killing Jill Meagher … Andrea Petrie reports ... more

Dossier    April 9, 2015  
IP news, here and there

Implications of the Federal Court’s piracy judgment … Australia’s new injunctive regime for online copyright infringement … Apple Watch in Switzerland (not) ... Flickr’s new licensing models … Rocco Rinaldo reports ... more

Appeals    April 8, 2015   thumbnail
Derick Sands v State of South Australia

Former photographer loses his appeal over a police press conference which identified him as a “primary suspect” in the 1997 murder of a model … All grounds for appeal are dismissed… Rico Jedrzejczyk reports ... more

Seminars, interviews & commentary    April 7, 2015  
Google's pain, an imperfect decision in an imperfect world

Academics, commentators, students and lawyers, including Google’s senior privacy counsel, gathered at the University of Cambridge recently for a conference on internet regulation after Google Spain ... Athalie Matthews reports the key discussion points in this Inforrm article ... more

Dossier    April 2, 2015   thumbnail
Actions neutralised

A rash of big name settlements has broken out … Media companies do deals with an acquitted murderer, a Supreme Court judge, former politicians (disgraced, and not), a friend of the Obeids and the family of convicted drug runner Schapelle Corby ... more

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