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Interlocutory    September 4, 2015  
Christopher Daniels v State of NSW & Ors

NSW Supreme Court Justice Lucy McCallum applies the principle of proportionality she articulated in Bleyer v Google to refuse further interrogatories…. WA Supreme Court paves the way for NSW Legal Services Commissioner investigation into conduct of the husband of a defendant ... more

Seminars, interviews & commentary    September 2, 2015   thumbnail
The trouble with Australian defamation law - 5

An Australian First Amendment may be a bridge too far … However, News Corp Australia’s national editorial counsel Michael Cameron has plenty of other ideas on his defamation law reform wish list ... more

Seminars, interviews & commentary    September 2, 2015  
The trouble with Australian defamation law - 4

Much of what is wrong with our defamation laws has been addressed in the UK Defamation Act 2013, says Fairfax Media’s in-house lawyer, Richard Coleman ... Two defences need re-drafting ... more

Seminars, interviews & commentary    September 2, 2015   thumbnail
The trouble with Australian defamation law - 3

What’s wrong with Australia’s defamation laws? It starts with the artificiality of the meanings pleaded, according to the ABC’s senior litigation lawyer Grant McAvaney ... Then there’s the offer of amends, the “cap” on damages and the contextual truth defence ... more

Seminars, interviews & commentary    September 1, 2015  
Hockey v Fairfax: Who won and who lost?

There has been plenty of comment in the wake of the Hockey defamation judgment – including on the costs decision. But who really won? The author of Defamation Law in Australia, Patrick George, weighs up the outcome ... more

Seminars, interviews & commentary    August 31, 2015   thumbnail
The trouble with Australian defamation law - 2

In the second of GLJ’s series on defamation law reform, Sydney University media law academic and author Dr David Rolph looks at the defences that need “fundamental re-thinking” ... more

Seminars, interviews & commentary    August 28, 2015  
The trouble with Australian defamation law - 1

In the first of a series about the problems with Australian defamation law, NSW District Court Judge Judith Gibson focuses on the electronic media explosion and the inadequacy of defences ... more

Interlocutory    August 27, 2015   thumbnail
P101 v Cambridge University Press

Third defamation action brought over false allegations – this time in a book which cited Family Court proceedings – is dismissed … NSW Supreme Court Justice Lucy McCallum acknowledges the tension between vindication and transparency and disavows “publicised feminist” tag ... more

Seminars, interviews & commentary    August 25, 2015  
Is New Zealand the libel world's most plaintiff-friendly jurisdiction?

Plaintiffs fortunate enough to bring a claim in New Zealand can be confident they have all the legislative, technical and procedural support they could hope for … Wellington-based defamation lawyer Ali Romanos explains, in this Inforrm article ... more

Appeals    August 24, 2015   thumbnail
Fairfax Media Publications Pty Ltd & Anne Davies v Melinda Pedavoli

Fairfax loses appeal over $350,000 damages awarded to a unnamed schoolteacher it falsely accused of sexually preying on her students … Identification is established after publication and an award of aggravated damages is justified due to the publisher’s conduct ... more

Interlocutory    August 20, 2015  
Pamela Tabbaa v Nine Network Australia Pty Ltd

Plenty of action in the NSW District Court as Judge Judith Gibson deals with the question of multiple proceedings over similar allegations filed in two courts, rejects an application to strike out two of Harbour Radio’s defences and strikes out a third poorly pleaded statement of claim ... more

Media Matters    August 19, 2015   thumbnail
Legalling online independents - part two

The perils facing small independent online publishers include the potential threat of crippling legal action … How do the lawyers who legal the stories see their role? Are they more cautious? Alexi Polden sought some answers ... more

Interlocutory    August 18, 2015  
Dallas Buyers Club LLC and Voltage Pictures LLC v iiNet Limited (No 4)

Australians who illegally downloaded the film Dallas Buyers Club win a damages reprieve after the Federal Court rules some of the film producers’ copyright infringement demands “surreal” ... Rocco Rinaldo reports ... more

Appeals    August 17, 2015   thumbnail
Demetrios Vakras and Lee-Anne Raymond v Robert Cripps

Victoria’s Court of Appeal orders re-trial of a case which reaped substantial damages for a gallery owner who was compared to Hitler by two artists … Rebecca Gall reports ... more

Seminars, interviews & commentary    August 14, 2015  
"What would you like us to do?"

The chair of the Australian Press Council, Professor David Weisbrot, invites the multicultural press to join an organisation they have been conspicuously absent from … Operation “engagement” begins in earnest at a restaurant in Sydney’s Chinatown … Emily Meller reports ... more

Media Matters    August 13, 2015   thumbnail
New crime reporting guidelines

Journalists from a variety of news organisations turned up for the launch of the NSW Supreme Court’s new guidelines for reporting criminal proceedings, initiated by the Chief Justice … Emily Meller was there ... more

Seminars, interviews & commentary    August 12, 2015  
UK media law cases in the 2014-2015 legal year

Seven full trials, five libel appeals and three media privacy injunctions feature in this round-up of UK media law cases over the past year, compiled by Inforrm ... more

Interlocutory    August 12, 2015   thumbnail
Nader Mohareb v Matt & Annette Palmer

Defamatory community Facebook post results in $15,000 legal costs for Sydney couple after an apology which formed part of a settlement was removed (several times) .. NSW District Court Judge Judith Gibson describes the events as a “comedy of errors” ... more

Publication    August 10, 2015  
Stephane (Steve) Paris and Angel Garden v Andrew Lewis and Melanie Byng

Deputy (UK) High Court judge dismisses libel claim brought over tweets and re-tweets ... They were “too ephemeral to be a substantial tort” ... This report from the (UK) Press Association’s Media Lawyer ... more

Dossier    August 6, 2015   thumbnail
Timely resolutions

High profile settlements involving Lionel Murphy’s “little mate”, a billionaire medical entrepreneur and an Aboriginal bureaucrat … A former NSW deputy premier drops his action and a former NSW treasurer gets a judge alone trial ... more

Media Matters    August 6, 2015  
Adventures in media counter-errorism

The new chair of the Australian Press Council, Professor David Weisbrot, flags a fresh approach to its role, saying it is insufficient to focus simply on breaches of standards and serve as a “watchdog” ... Read the full text of his address to the Melbourne Press Club ... more

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