User namePassword 
 
 Print this Issue Home  •  Archive  •  About Us  •  Contact Us Subscribe  • 

Gazette

Contact the editor

Dossier    December 20, 2016   thumbnail
Mediation a go-go

Plenty of action (and inaction) on the mediation front … Fresh settlements for Fairfax Media … New actions for Nationwide News and 2GB … On the steps of the High Court with a “Holocaust philosopher” and three journalists ordered to reveal their sources … Vale three others ... more

Seminars, interviews & commentary    December 20, 2016  
Case management prevails over "newspaper rule"

The “newspaper rule” all but dead after the High Court refuses special leave in the Liu sources disclosure dispute … Victory of case management over principle is a troubling result for investigative journalism, says media lawyer Graham Hryce ... more

Seminars, interviews & commentary    December 19, 2016   thumbnail
Is correction republication?

Media companies join appeal over the Rolling Stone “rape on campus” verdict … The jury’s finding that the magazine’s correction amounted to republication has serious implications for journalism, say New York-based media lawyers Ed Klaris and Alexia Bedat ... more

Interlocutory    December 15, 2016  
Ali Mosslmani by his tutor Karout v DailyMail.com Australia Pty Ltd, Nationwide News Pty Ltd, Australian Radio Network Pty Ltd (No. 2)

Two interesting imputations judgments from the NSW District Court … The teenager with the viral “mullet” has his action against The Daily Telegraph dismissed … Not so a man The Sydney Morning Herald accused of sexual assault in a court report … Justin Pen reports ... more

Seminars, interviews & commentary    December 12, 2016   thumbnail
The use of social media for investigators

In this paper, presented to the 2016 Corruption Prevention Network Annual Forum, NSW District Court Defamation List Judge Judith Gibson examines the relationship between social media and corruption … Whistle blowers and investigative journalists are “greatly aided where publication on social media can be instantaneous, international and anonymous” ... more

Interlocutory    December 12, 2016  
Peter Gregg v Fairfax Media Publications Pty Ltd

Defamation action brought by businessman Peter Gregg in the ACT to be heard by a judge alone … Fairfax Media’s “change of heart” without explanation came too late, says Justice Steven Rares ... more

Seminars, interviews & commentary    December 8, 2016   thumbnail
The media law year in review

Big wins and big losses for the media … Social media actions flourish, as do suppression orders in several jurisdictions … Privacy law fails to get out of the stalls … Journalist sources remain in peril … A nuanced, but ultimately stagnant 2016 ... more

Privacy    December 7, 2016  
"JZ" and Department of the Prime Minister and Cabinet

Australian Information Commissioner finds insufficient public interest in an FOI request for cabinet documents containing details of a former federal MP’s inappropriate behaviour towards a female public servant in a Hong Kong bar … Justin Pen reports ... more

Interlocutory    December 6, 2016   thumbnail
Defamation watch list

NSW Defamation List Judge Lucy McCallum dispenses with several interlocutory decisions – referring one matter to mediation and directing most pleaded imputations in two other matters to the jury ... more

Trial reports    December 5, 2016  
Graeme Cowper v Fairfax Media Publications Pty Ltd & Ors; Graeme Cowper v Australian Broadcasting Corporation

Two weeks into his massive defamation case against Fairfax and the ABC, former NAB financial adviser Graeme Cowper withdraws … Expensive exercise results in verdict for the defendants and a $200,000 costs bill ... more

Trial reports    December 2, 2016   thumbnail
Graeme Cowper v Fairfax Media Publications Pty Ltd & Ors; Graeme Cowper v Australian Broadcasting Corporation

The plaintiff finally gives evidence, but a key defendant won’t be … Plenty of “happy client” witnesses potentially looming, according to the plaintiff’s counsel, Kieran Smark SC … Naaman Zhou reports … more

Appeals    November 29, 2016  
Lynda Meegan v Times Newspapers Ltd

Recent Court of Appeal judgment from Ireland prevents defamation plaintiff from obtaining a journalist’s notes … Section 26 defence of reasonable publication was not put precisely enough … This case note by Mike Dodd of Media Lawyer ... more

Trial reports    November 28, 2016   thumbnail
Graeme Cowper v Fairfax Media Publications Pty Ltd & Ors; Graeme Cowper v Australian Broadcasting Corporation

Witness near tears as she describes the alleged consequences of a former NAB financial adviser’s advice … Presiding judge Lucy McCallum concerned about slow proceedings and expected delays … Naaman Zhou reports ... more

Damages    November 25, 2016  
Heather Reid v Stan Dukic

ACT Supreme Court Justice John Burns awards $180,000 damages for a series of “irrational or ranting” Facebook posts which defamed a Canberra football executive … The defendant fails to appear at every turn ... more

Trial reports    November 23, 2016   thumbnail
Graeme Cowper v Fairfax Media Publications Pty Ltd & Ors; Graeme Cowper v Australian Broadcasting Corporation

Special counsel for the NAB tells a NSW Supreme Court jury that former financial adviser Graeme Cowper admitted he had “done the wrong thing” in “doctoring” client files … The practices of bank financial advisers under scrutiny in double defamation trial against Fairfax and the ABC ... more

Trial reports    November 21, 2016  
Graeme Cowper v Fairfax Media Publications Pty Ltd & Ors; Graeme Cowper v Australian Broadcasting Corporation

First day of former NAB financial adviser’s defamation actions against Fairfax Media and the ABC finds him conspicuously absent from the witness box … His counsel plans to call 36 witnesses instead … Special damages evidence to be heard concurrently ... more

Seminars, interviews & commentary    November 21, 2016   thumbnail
Access to information should not be an after-thought

The courts and tribunals of England and Wales are up for a radical, digital overhaul, but has the concept of open justice been properly considered? .... UK media and information law academic Dr Judith Townend examines the details ... more

From the web

Articles, Opinions, Notions and Cases