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Dossier    October 1, 2014   thumbnail
Settle down

Big names settle for (reputedly) small sums … Sports “nutritionist” sues over banned drugs allegations … ABC producer sues over allegations he is a racist … “Person of interest” says he was portrayed as a suspected mass murderer … ACMA finds A Current Affair breached privacy ... more

Dossier    October 1, 2014  
International IP news

British musician’s new album available for sale on BitTorrrent … US Supreme Court patent judgments impacting on patent trolls … Cartier seeks extension of injunctive relief … Rocco Rinaldo reports ... more

Media Matters    September 30, 2014   thumbnail
Brooks Newmark, public interest and the Editors' Code will IPSO act?

The Conservative MP, the fake Tory PR girl, the X-rated photos and the Sunday Mirror reporter who entrapped him … A test for the press industry’s new regulatory body? ... This article from Inforrm ... more

Trial reports    September 29, 2014  
Brian Fisher v Channel Seven Sydney Pty Ltd & Ors

A former school bus driver who sued Channel Seven over a Today Tonight story gets a better than average result … NSW Supreme Court jury finds truth for only two of six imputations and rejects the comment defence ... more

Dossier    September 29, 2014   thumbnail
Identity crisis

Sorry, wrong man … Fairfax, Random House and Allen & Unwin pay the price for sloppy journalism … Final bill looms for the costliest restaurant meal in Australia … Media to appeal Securency suppression order flouted by WikiLeaks ... more

Media Matters    September 25, 2014  
Guardian News and Media Ltd & Ors v Erol Incedal & Mounir Rarmoul-Bouhadjar

The English Court of Appeal, Criminal Division, decides there are compelling reasons to hold two “terrorist” trials in camera ... Only ten accredited journalists will be permitted access, subject to confidentiality … This report on the judgment by the Press Association’s Cathy Gordon ... more

Media Matters    September 23, 2014   thumbnail
National Security Legislation Amendment Bill: What can be reported?

The government’s proposed changes to our national security laws have met with strong criticism from the media and the legal fraternity, particularly the section concerning “special intelligence operations” ... Will the Bill chill free speech? James Nunez investigates ... more

Trial reports    September 22, 2014  
Brian Fisher v Channel Seven Sydney Pty Ltd & Ors

A former school bus driver hears evidence from three students that his conduct threatened their safety … Jury of four to decide who is telling the truth, as Justice Stephen Rothman presides ... more

Injunctions    September 19, 2014   thumbnail
Tobias Moran v Schwartz Publishing Pty Ltd & Virginia Peters

A man who was suspected of the murder of his former girlfriend in 2005, has failed to restrain publication of a book about the case … WA Supreme Court Justice Ken Martin favours the public interest in free speech ... more

Interlocutory    September 18, 2014  
Dr Ratna Ghosh v TCN Channel Nine Pty Ltd (No 4)

NSW District Court Defamation List Judge Judith Gibson applies the principle of proportionality (Jameel) to dismiss the remainder of 54 claims commenced against Channel Nine and others by a Newcastle doctor … Rebecca Gall reports ... more

Dossier    September 17, 2014  
IP news, here and there

Australia’s Full Federal Court upholds cancer gene patent … Disney takes on Canadian musician in Mickey Mouse dispute … CBS loses “podcasting patent” case … Rocco Rinaldo reports ... more

Seminars, interviews & commentary    September 17, 2014   thumbnail
An opportunity missed to enhance press freedom

In this article, UK media law academic Dr Paul Wragg critiques the Australian media’s response to the ALRC’s privacy proposals and concludes that by resisting the very idea, the media missed an important opportunity to define the public interest ... more

Trial reports    September 16, 2014  
Brian Fisher v Channel Seven Sydney Pty Ltd & Ors

Former school bus driver admits he threatened to break a student’s arm, but claims it was “a hyperbolic statement” ... The truth of what really happened on his Hunter Valley bus run is the crux of a case against Channel Seven ... more

Seminars, interviews & commentary    September 15, 2014   thumbnail
Privacy Report Interview - Barbara McDonald

The ALRC report on Serious Invasions of Privacy in the Digital Era surprised no one by recommending an actionable tort of privacy … In this interview, the commissioner for the inquiry, Professor Barbara McDonald, reveals the forces at play and the thinking behind the report’s key features ... more

Seminars, interviews & commentary    September 12, 2014  
Defamation Act 2013: Serious harm a win for the press?

The “serious harm” threshold in the UK’s Defamation Act 2013 has resulted in a decision that is a “worrying development” for libel lawyers according to Oliver Fetiveau ... This article from Inforrm ... more

Interlocutory    September 9, 2014   thumbnail
Mohammad Medhi Rezaiee v Australian Broadcasting Corporation

The NSW Supreme Court’s Defamation List judge orders an alleged people smuggler to answer questions about his own travel by boat to Australia … And strikes out all of Fairfax Media’s contextual truth imputations in respect of former Leighton’s boss Wal King because they are “impermissibly imprecise” ... more

Dossier    September 8, 2014  
New Supreme Court Defamation Practice Note

New Practice Note for NSW Supreme Court defamation proceedings does away with interrogatories – unless deemed necessary by the Defamation List Judge, Lucy McCallum ... more

Appeals    September 4, 2014   thumbnail
Stephen Dank v Cronulla Sutherland District Rugby League Football Club, Phil Rothfield and Damian Irvine

Controversial sports scientist Stephen Dank has failed in his attempt to overturn the dismissal of his defamation proceedings against the Cronulla Sharks Rugby League Club, its former boss and a News Corp journalist … Rico Jedrzejczyk reports ... more

Dossier    September 3, 2014  
IP news, here and there

A range of responses to the Australian government’s discussion paper on Online Copyright Infringement … Disney patents three new drone technologies … Google expands open patent pledge to developers … Rocco Rinaldo reports ... more

Comment    September 3, 2014   thumbnail
Timothy Williams v John Katis

The defence of comment makes a rare successful appearance in a judgment from the Supreme Court of Victoria involving a bitter dispute between candidates in a municipal election … All the imputations pleaded are also true ... more

Seminars, interviews & commentary    September 2, 2014  
It came from cyberspace

Another timely paper from the NSW District Court’s Defamation List Judge Judith Gibson ... This one looks at defamation and the internet, from both the plaintiff and defendant points of view ... more

Seminars, interviews & commentary    September 2, 2014   thumbnail
Abuse, ridicule, satire and fiction

“If a man in jest conveys a serious imputation, he jests at his peril”... Barrister Richard Potter discusses the actionable implications in this paper, which he presented at the recent NSW State Legal Conference ... more

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