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Interlocutory    May 26, 2016   thumbnail
Rosanna Capolingua v Nationwide News Pty Ltd

High-profile Western Australian medical practitioner succeeds in striking out Nationwide News’ Polly Peck defence, but fails to get the same result for both forms of qualified privilege ... more

Sources    May 24, 2016  
Helen Liu v The Age Company Limited & Ors

Devastating judgment for journalism as the NSW Court of Appeal overturns the permanent staying of a preliminary discovery order … The Age is obliged to reveal its sources as part of an effective remedy in defamation … Hannah Ryan reports ... more

Seminars, interviews & commentary    May 24, 2016   thumbnail
Mistakes were made: making offers to amend

Since its introduction in the Defamation Act 2005, the offer of amends defence seems to have been relatively under-used … Sydney media lawyer Tim Senior looks at why, and how the defence fared in two recent matters which went to trial ... more

Seminars, interviews & commentary    May 23, 2016  
UK Supreme Court stands behind anonymised celebrity injunction

UK Supreme Court surprises by upholding the privacy of a celebrity couple whose identity was widely published outside England and Wales… London lawyer Ashley Hurst examines the detail in this Inforrm article ... more

Damages    May 23, 2016   thumbnail
Raelene Hardie v The Herald and Weekly Times Pty Ltd & Andrew Rule

Victorian Court of Appeal overturns decision in respect of imputations found to have been conveyed by journalist Andrew Rule and The Herald Sun and increases damages to a strip club owner by $160,000 … Hannah Ryan reports ... more

Interlocutory    May 22, 2016  
William Shea & Anor v News Ltd & Ors (No 2)

WA Supreme Court rules on the “juvenile good reputations” of two unnamed plaintiffs who were youths at the time of publication … The plaintiffs can lead evidence that they were “law-abiding children” ... Rico Jedrzejczyk reports ... more

Trial reports    May 20, 2016   thumbnail
Nicholas Di Girolamo v Fairfax Media & Ors

Businessman and lawyer to the Obeids, Nick Di Girolamo, withdraws his action against Fairfax Media just as journalist Kate McClymont begins to name names … Second round of settlement talks gets results on day five of the trial ... more

Privilege    May 19, 2016  
Carole Stone v Frank Moore

An unusual defamation case involving siblings in their 70s results in a colourful decision on qualified privilege from the the SA Supreme Court which serves to “dampen the armoury of warring families” ... This case note by Michelle Hamlyn and Katie Warner ... more

Trial reports    May 18, 2016   thumbnail
Nicholas Di Girolamo v Fairfax Media & Ors

The “absence of any evidence from Mr Girolamo” proves fruitful for Fairfax … Contrary to the plaintiff’s denials, documents show there was plenty of Obeid interest (and money) in Australian Water Holdings ... more

Interlocutory    May 17, 2016  
Yeun Sook Park v Bonnie Hoijung Lee & Kyung-Gon Park

Proceedings brought in the NSW District Court over witness statements published in South Korea are struck out on all grounds – lack of jurisdiction, proportionality, unacceptable delay and inadequacy of pleadings ... The defendants get indemnity costs ... more

Trial reports    May 16, 2016   thumbnail
Nicholas Di Girolamo v Fairfax Media & Ors

Intricate connections in NSW politics, business and the law come to light on the first day of the trial of Nick Di Girolamo’s defamation action against Fairfax Media and three of its leading journalists … The plaintiff himself won’t be giving evidence ... more

Interlocutory    May 16, 2016  
Edward (Eddie) Kang v Immigration News Pty Ltd and Carl Konrad

Another defamation action brought by immigration agent Eddie Kang is dismissed, this time in the NSW District Court … The plaintiff “is just as likely to be unready on the next occasion as he is on this occasion” ... more

Seminars, interviews & commentary    May 10, 2016   thumbnail
Practice Notes - Matthew Lewis

As social media and online news and opinion platforms burgeon, so do the media law issues … Sydney barrister Matthew Lewis is practising at the forefront of this change and agreed to share his thoughts in the first of a new interview series, Practice Notes ... more

Damages    May 9, 2016  
Colin Dods v Michael McDonald

Queensland barrister who accused a Victorian police officer of committing manslaughter by “gunning down” and “executing” a 15 year old boy is ordered to pay $150,000 damages … The judge finds it “difficult to overstate the gravity of these defamations” ... more

Seminars, interviews & commentary    May 5, 2016   thumbnail
Press freedom in a challenging environment

The Australian Press Council’s 40th anniversary conference heard some refreshingly intelligent discussion of issues affecting the media and the practice of journalism from an international line-up of speakers and panellists ... more

Seminars, interviews & commentary    May 5, 2016  
Damages or no - a question of principle

NSW Supreme Court Defamation List Judge Lucy McCallum recently awarded a plaintiff no damages, but was the decision correct in principle? Sydney University media law academic Dr David Rolph has some doubts ... more

Seminars, interviews & commentary    May 4, 2016   thumbnail
The long and sorry story of privacy protection in Australia

Former High Court Justice Michael Kirby opened Privacy Awareness Month with a call for action from the NSW government, stating “politicians have been very weak in standing up to media attacks on law reform proposals”... Read the full text of his address, subtitled A fresh opportunity for action and why NSW should lead ... more

Interlocutory    May 2, 2016  
Ross Leighton v Clive Garnham & Ors

Defamation action brought by a would-be developer against members of a community action group is dismissed for want of prosecution … WA Supreme Court Justice Rene Le Miere likens the action to a “SLAPP” suit ... more

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