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Injunctions    September 19, 2014  
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

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

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 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

Seminars, interviews & commentary    September 1, 2014  
Is Whale Oil a journalist?

Legal wrangle in New Zealand over confidential sources turns on the definition of a journalist … Steven Price looks at the case involving a blogger, a businessman and a book called Dirty Politics ... more

Seminars, interviews & commentary    August 29, 2014   thumbnail
Disproportionate defamation claims in NSW

In this paper, presented at a recent UNSW defamation and media law seminar, barrister Matthew Lewis examines the application of the Jameel principle in England, Wales and Northern Ireland – and now in NSW ... more

Seminars, interviews & commentary    August 28, 2014  
UNSW seminar: Recent developments in defamation and media law

Papers, comments, questions … This week’s UNSW seminar on defamation and media law featured a range of points of view and included some interesting thoughts from NSW Supreme Court Defamation List Judge Lucy McCallum … Nina Ubaldi reports ... more

Seminars, interviews & commentary    August 27, 2014   thumbnail
"Ridiculousness": Ridicule and defamatory meaning in the age of the internet

A defamation and media law seminar at the College of Law, Sydney, presents some novel ideas in light of the internet … NSW District Court Defamation List Judge Judith Gibson delivers an entertaining paper ... more

Seminars, interviews & commentary    August 26, 2014  
Interview: Julian Petley

One of the most prominent campaigners for media freedom in the UK, Julian Petley, kindly agreed to answer some questions from Simon Dawes on phone-hacking, the Snowden leaks, the fallout from the Leveson Inquiry, and IPSO, the new self-regulatory body for the press ... more

Contempt    August 22, 2014   thumbnail
Thomas Tate v Amanda Duncan-Strelec

A woman who lost a Supreme Court case against the mayor of the Gold Coast has been found guilty of five charges of contempt in relation to a website she set up to attack him … NSW Supreme Court Justice Patricia Bergin calls for the defendant’s medical records before considering punishment ... more

Dossier    August 21, 2014  
International IP news

English Premier League cracks down on GIF and Vines copyright infringement … World’s “biggest podcaster” settles patent suit … Snapchat’s future to be decided by US patent judges … Rocco Rinaldo reports ... more

Media Matters    August 20, 2014   thumbnail
Live-tweeting in court

Live-tweeting court proceedings is becoming common practice for journalists, and others … However, not all courts or jurisdictions agree on the rules … Jackson Wherrett investigates ... more

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