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Media Matters    June 28, 2017   thumbnail
Seven Network Limited v South Eastern Sydney Local Health District

Victory for Channel Seven over CCTV footage of assaults at Sydney hospitals … NSW Civil and Administrative Tribunal review finds public interest in disclosure outweighs privacy and confidentiality, as long as faces are pixelated … Sebastian Tonkin reports ... more

Interlocutory    June 27, 2017  
Amy Arman v Nationwide News Limited

“Dole bludger” teenager fails to have defence of consent struck out … Another of Dr Ratna Ghosh’s defamation proceedings dismissed … Man being sued by Capilano Honey referred to pro bono legal assistance … Alleged cult leader’s trial limited to three weeks ... more

Media Matters    June 26, 2017   thumbnail
The case of the disappearing court reporter

The number of reporters covering Australian courts is steadily declining as most major news organisations cut staff across the board … Hannah Wootton examines the trend and its consequences for journalism and the public, in this special report ... more

Privilege    June 26, 2017  
Accommodation West Pty Ltd, Paul King & Peter Rakich v Susan Aikman

Strata management dispute results in victory for a business rival who circulated a forensic accountant’s report to dissatisfied owners … Both forms of qualified privilege are upheld for two imputations out of around 180 pleaded by three plaintiffs … Carmel Galati reports ... more

Dossier    June 23, 2017   thumbnail
Mixed media affairs

New actions against Fairfax and Nationwide News from a TV presenter, a professional gambler, a bodyguard, a greyhound trainer and a sheik … Appeals by a racehorse trainer and a convicted drug felon … Rebel Wilson set to appear as the defendant in NSW Supreme Court … Mediation imminent for Jamaican cricketer … APC chair resigns due to “persistent personal attacks” ... more

Media Matters    June 22, 2017  
What is public interest journalism?

The idea of public interest journalism rests on the notion that it exposes necessary truths … But is journalism in a state to do so in the fast moving digital world? Melbourne University media and politics academic Andrea Carson looks at the issues in light of the Future of Public Interest Journalism Inquiry ... more

Dossier    June 20, 2017   thumbnail
Google on a high

Interesting times ahead for the law and the internet as High Court of Australia grants special leave to the Melbourne man who successfully sued Google and Yahoo! ... Issues of publication and defamatory meaning to be determined ... more

Trial reports    June 19, 2017  
Sunil Pahuja v TCN Channel Nine Pty Limited & Ors

NSW Supreme Court jury finds A Current Affair defamed a man it secretly filmed in conversation with a Sydney migration agent … Big blow to Nine after Justice Lucy McCallum removes the truth defence from the jury for the bulk of the imputations pleaded ... more

Interlocutory    June 15, 2017  
Vexatious litigant's action against 30 defendants dismissed

A man who the NSW Court of Appeal declared a vexatious litigant has defamation proceedings against 30 defendants summarily dismissed … NSW Supreme Court Justice Lucy McCallum characterises his case as “manifestly hopeless” and declares herself “not a Christian” ... more

Seminars, interviews & commentary    June 14, 2017   thumbnail
The year in Australian media law

Defamation law in urgent need of reform, mainstream media actions on the up, social media actions become a trend, suppression orders continue unabated, journalist shield laws appear to be working … Media lawyers Peter Bartlett and Sam White look at the past year ... more

Seminars, interviews & commentary    June 13, 2017  
New Zealand defamation law update

Since the beginning of 2016 New Zealand defamation law has seen some interesting developments in respect of the Jameel principle and the defence of qualified privilege … Wellington barrister Ali Romanos reviews the cases and the judgments ... more

Damages    June 12, 2017   thumbnail
Dr Munjed Al Muderis v Rodney Duncan & Anor

Pioneering Sydney orthopaedic surgeon garners $480,000 damages from two defendants over “a most vicious and vituperative series of publications” ... NSW Supreme Court Justice Stephen Rothman also proposes a permanent injunction and orders costs on an indemnity basis ... more

Appeals    June 8, 2017  
Christopher Daunt Watney v Janet Kencian & Anor

QLD Court of Appeal finds that a jury’s determination that imputations pleaded by a school principal were not defamatory was perverse … The court leaves for another day the question as to whether the Jameel principle applies in Queensland … Patrick McCafferty reports ... more

Appeals    June 8, 2017   thumbnail
Yosef Feldman v GNM Australia Ltd

Sydney rabbi wins an appeal over the permanent staying of his defamation action against The Guardian (Australia) ... Failure to publish an agreed statement critical … Judgment has implications for settlement negotiations … Sebastian Tonkin reports ... more

Trial reports    June 7, 2017  
Sunil Pahuja v TCN Channel Nine Pty Limited & Ors

The truth of a plaintiff’s testimony that he was really lying when he was secretly recorded by A Current Affair is at the centre of a defamation trial underway in the NSW Supreme Court … “Dodgy” migration agents, their “fixers” and tens of thousands of dollars for a 457 visa feature ... more

Media Matters    June 6, 2017   thumbnail
Goodbye to all that: s 40 Crime and Courts Act, Leveson Part II and a reformed press

Debate over press regulation – independent and otherwise – continues apace in the UK … In this article Leeds University media law academic Dr Paul Wragg critiques the Conservative Party’s U-turn on press reform ... more

Appeals    June 5, 2017  
Michael McDonald v Colin Dods

Queensland barrister who “egregiously” defamed a Victorian police officer refused leave to appeal a $150,000 damages order … The defamatory claims were “at the highest end of the scale” and Google search engine results could be inferred ... more

Sources    June 1, 2017   thumbnail
Sir Cliff Richard wins latest round of High Court battle with BBC

Sources for a story about a police investigation into allegations of sexual assault against Sir Cliff Richard under threat as the UK High Court orders BBC to provide “a proper answer” ... The Press Association’s Brian Farmer reports ... more

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