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Interlocutory    June 28, 2016   thumbnail
William Schoch v Clive Palmer

QLD Supreme Court determines that Clive Palmer’s former resort manager cannot sue the businessman and politician over three of five allegedly defamatory publications … The plaintiff is out of time and should have put Palmer on notice … Hannah Ryan reports ... more

Seminars, interviews & commentary    June 26, 2016  
Statement in open court in twin misidentification case

UK offer of amends case including statement in open court illustrates the power of the media to damage – and to correct … Persephone Bridgman Baker reports in this Inforrm article ... more

Seminars, interviews & commentary    June 21, 2016   thumbnail
Practice Notes - Matt Collins QC

Teaching academic, author of acclaimed defamation law textbooks, leading media law barrister in Australia and the UK, Dr Matt Collins QC packs a lot into his day … He agreed to spare some of his time to discuss defamation, privacy, celebrity, journalists’ sources, free speech and 18C, just for starters ... more

Damages    June 20, 2016  
June Kelly v David Levick

A woman who was described as a “thieving, lying, money crazed bitch” on Facebook by her ex-husband has been awarded damages of $10,000 … “Inadvertent” publication is not a defence ... more

Injunctions    June 17, 2016   thumbnail
Carol Kidu v Hollie Fifer & Media Stockade Pty Ltd

A documentary filmmaker’s moral obligations to her subject become the focus of intense questioning by Dame Carol Kidu’s barrister … The legal issue of consent remains central to the grant of a permanent injunction against the feature documentary The Opposition ... more

Injunctions    June 16, 2016  
Carol Kidu v Hollie Fifer & Media Stockade Pty Ltd

High drama marks an interesting legal contest in the NSW Supreme Court … At stake, the competing claims of a willing participant in a documentary, former PNG opposition leader Dame Carol Kidu, who says she was misled, and those of the documentary makers ... more

Appeals    June 10, 2016   thumbnail
Machado & Anor v Underwood & Anor

SA defamation case involving “Banjo” the koala, an activist and a bureaucrat ends with the plaintiff’s damages halved on appeal … The appellant’s “duelling Banjos” submission adds to aggravation … Hannah Ryan reports ... more

Seminars, interviews & commentary    June 10, 2016  
How not to mitigate damages

A recent damages award to two members of the British parliament illustrates how not to make an offer of amends and how not to mitigate damages … The defendant’s conduct was aggravating – even after summary judgment ... more

Interlocutory    June 9, 2016  
Rhondalynn Korolak v Bauer Media Pty Ltd

NSW Defamation List Judge Judith Gibson enters a verdict for the defendant in proceedings brought against Take 5 magazine … “This is one of those rare cases where no defamatory meaning of any kind is capable of arising” ... more

Seminars, interviews & commentary    June 7, 2016   thumbnail
Publication in an internet context

The WA Court of Appeal recently upheld a decision dismissing a case for lack of evidence as to publication on the internet … Media lawyer Graham Hryce asks why publication can’t be inferred, as it is with newspapers ... more

Seminars, interviews & commentary    June 6, 2016  
What's a written release worth?

An interlocutory injunction granted to prevent the imminent overseas screening of a documentary demonstrates that participant releases commonly used in the film industry are not failsafe, says media lawyer Sally McCausland ... more

Dossier    June 1, 2016   thumbnail
In Liu of...

The next step in Liu ... “Sharkwits” sue over Daily Telegraph cover story … Mr Fluffy fights back … Two Kazal brothers still on Fairfax’s case … Big league action against Ray Hadley … Nauru’s justice minister launches proceedings over Lateline story … Sydney rabbi sues the ABC over child abuse royal commission news report ... more

Interlocutory    May 31, 2016  
Rosanna Capolingua v Nationwide News Pty Ltd

High-profile Western Australian medical practitioner succeeds in striking out Nationwide News’ Polly Peck defence, but fails to get the same result for both forms of qualified privilege ... more

Media Matters    May 30, 2016   thumbnail
R.I.P. the newspaper rule?

The latest NSW Court of Appeal decision involving journalists’ sources is “bad news for journalism, press freedom, independence, the whole shebang”, according to Richard Ackland ... more

Sources    May 24, 2016  
Helen Liu v The Age Company Limited & Ors

Devastating judgment for journalism as the NSW Court of Appeal overturns the permanent staying of a preliminary discovery order … The Age is obliged to reveal its sources as part of an effective remedy in defamation … Hannah Ryan reports ... more

Seminars, interviews & commentary    May 24, 2016   thumbnail
Mistakes were made: making offers to amend

Since its introduction in the Defamation Act 2005, the offer of amends defence seems to have been relatively under-used … Sydney media lawyer Tim Senior looks at why, and how the defence fared in two recent matters which went to trial ... more

Seminars, interviews & commentary    May 23, 2016  
UK Supreme Court stands behind anonymised celebrity injunction

UK Supreme Court surprises by upholding the privacy of a celebrity couple whose identity was widely published outside England and Wales… London lawyer Ashley Hurst examines the detail in this Inforrm article ... more

Damages    May 23, 2016   thumbnail
Raelene Hardie v The Herald and Weekly Times Pty Ltd & Andrew Rule

Victorian Court of Appeal overturns decision in respect of imputations found to have been conveyed by journalist Andrew Rule and The Herald Sun and increases damages to a strip club owner by $160,000 … Hannah Ryan reports ... more

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