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Seminars, interviews & commentary    December 14, 2017  
Damages awards under the uniform legislation

Australian Defamation Law and Practice (T K Tobin QC and M G Sexton SC SG ed., LexisNexis) is about to publish its updated list of all judgments for damages in defamation made under the uniform legislation … This article includes that list and an analysis of the trends in damages by NSW District Court Defamation List Judge Judith Gibson ... more

Dossier    December 13, 2017   thumbnail
Rush to judgment

Defamation the new battleground for high profile protagonists … Details of Geoffrey Rush’s proceedings against The Daily Telegraph and of the extraordinary stoush between “commentators” Osman Faruqi and Mark Latham … Both commenced in the jurisdiction du jour, the Federal Court ... more

Privacy    December 13, 2017  
Sawa Pty Ltd v Australian Broadcasting Corporation

Not for publication: ABC fails to get secretly recorded video footage of animal cruelty released after it was first granted by a magistrate … Privacy trumps public interest according to WA Supreme Court Justice John Chaney … Carmel Galati reports ... more

Trial reports    December 11, 2017   thumbnail
Mouhammad Tabbaa and Pamela Tabbaa v Nine Network Australia Pty Ltd

Cross-examination of Nine’s chief witness proceeds slowly and ineffectively … Uncut version of her interview with 60 Minutes reporter Liz Hayes appears to convey more evidence of the truth of her claims, not less, despite some hateful emotions ... more

Interlocutory    December 10, 2017  
Khalil Khalil v Fairfax Media Publications Pty Ltd

Pleading “weasel words”, the identification of an individual via company names and consideration of whether “liking” someone on Facebook amounts to liability for a defamatory publication feature in three interlocutory decisions from NSW … Nick Bonyhady reports

... more
Seminars, interviews & commentary    December 8, 2017   thumbnail
Media and Communications List: a new approach to media litigation in the UK

Earlier this year Mr Justice Warby was appointed to the newly created role of Judge in Charge of the Media and Communications List … In this article, Paul Magrath from the Transparency Project looks at what this means in practice and how it will affect the future management of High Court media claims ... more

Trial reports    December 6, 2017  
Mouhammad Tabbaa and Pamela Tabbaa v Nine Network Australia Pty Ltd

Nine’s chief witness of truth paints a picture of brutality at the hands of her father, brother, uncles and grandmother … In between testimony that she was beaten, spat on and forced to undergo a “virginity test” in Jordan, Nadia Tabbaa breaks down ... more

Seminars, interviews & commentary    December 4, 2017   thumbnail
Judge-alone hearings to prevail in Federal Court defamation trials

Full Federal Court delivers another blow to uniform defamation law, finding the Federal Court’s judge-alone provisions prevail over any in the Defamation Act 2005 with regard to juries …. Sydney University media law academic Professor David Rolph examines the judgment and its implications ... more

Interlocutory    December 1, 2017  
Tariq Alsaifi v Trinity Mirror plc & Board of Directors, and the Secretary of State for Education

Attempt to re-litigate a failed defamation claim over the same material is dismissed as an abuse of process – but not of the Jameel variety … Media Lawyer’s Mike Dodd reports on an interesting decision from one of the UK High Court’s newest (and youngest) judges, Matthew Nicklin ... more

Seminars, interviews & commentary    November 28, 2017   thumbnail
Google challenges the Supreme Court of Canada's global injunction in the United States

Google has obtained an order from a US District Court to prevent enforcement of a Canadian injunction requiring Google to delist search results worldwide … Sydney University law lecturer Michael Douglas reviews the decision ... more

Trial reports    November 28, 2017  
Mouhammad Tabbaa and Pamela Tabbaa v Nine Network Australia Pty Ltd

Main plaintiff in defamation proceedings against Nine over 60 Minutes “child abduction” story claims all the allegations aired about him are “utterly, utterly false” ... This, despite consular records supporting his daughter’s account and the evidence of three AVOs taken out against him ... more

Seminars, interviews & commentary    November 27, 2017   thumbnail
Book review: Online Publication Claims: A Practical Guide

Just how useful is the recent UK book Online Publication Claims: A Practical Guide? NSW District Court Defamation List Judge Judith Gibson examines the detail and finds much to recommend, just in time for Christmas, and beyond ... more

Interlocutory    November 27, 2017  
Defamation claim against Westpac employee an abuse of process

NSW District Court dismisses defamation claim against Westpac employee over a letter sent to the Financial Ombudsman Service … The action was an abuse of process and motivated by an improper purpose … Nicholas Bonyhady reports ... more

Trial reports    November 23, 2017   thumbnail
Mouhammad Tabbaa and Pamela Tabbaa v Nine Network Australia Pty Ltd

Credibility at the centre of another big defamation trial, this one brought by an estranged husband and wife over a 60 Minutes broadcast, a news report and a feedback segment … Nine pleads truth and honest opinion for claims the plaintiffs abducted their teenage daughter, beat her and forced her to live in Syria for five years ... more

Privilege    November 21, 2017  
Marion Collier v Country Women's Association of NSW

Defamation battle involving an expelled member of the Country Women’s Association (NSW) ends in resounding victory for the defendant … Casebook example of qualified privilege … It’s also true that the plaintiff bullied, harassed, insulted and defamed other members ... more

Seminars, interviews & commentary    November 19, 2017   thumbnail
Social media and jury trials

The impact of social media on criminal trials is the basis for the UK attorney general’s call for “urgent reform”, but can (and should) the law be curtailing such freedom of expression? ... Leeds University media law academic Dr Paul Wragg investigates ... more

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