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Trial reports    November 25, 2014   thumbnail
Richard Woelfl v Australian Broadcasting Corporation

The defamation trial brought by a Grafton gaol prison officer against the ABC ends abruptly after vigorous cross-examination by counsel for the broadcaster Stuart Littlemore QC … Sighs of relief all round ... more

Seminars, interviews & commentary    November 21, 2014  
Litigating media privacy cases

The Australian Law Reform Commission recently proposed a statutory tort for serious invasions of privacy … But what privacy protection is currently available to privacy litigants and how should lawyers approach media privacy cases? Nina Ubaldi went along to a recent CMCL seminar to find out ... more

Dossier    November 19, 2014   thumbnail
Jury out on Hockey and Adams

No juries for federal treasurer Joe Hockey or NSW Supreme Court Justice Michael Adams … Nationwide News last media company left in Gordon Wood proceedings … The thoughts of Justice Lucy McCallum … In the shadow of the trade unions Royal Commission …. Doctor sues Nine over secret filming … Fresh action, new settlements ... more

Damages    November 17, 2014  
Brian Fisher v Channel Seven Sydney Pty Ltd & Ors (No 4)

Channel Seven ordered to pay a former school bus driver $125,000 damages, despite the plaintiff being found to be “mendacious” by Justice Stephen Rothman ... more

Seminars, interviews & commentary    November 16, 2014   thumbnail
The "right to be forgotten" in practice

Since the controversial “right to be forgotten” decision in Spain in relation to Google search engine results, there have been over half a million URL removal requests … UK lawyers Sara Mansoori and Eloise Le Santo investigate in this Inforrm article ... more

Dossier    November 13, 2014  
IP news, here and there

Producers of Dallas Buyers Club take iiNet to court … Electronic Frontier Foundation seeks to protect your right to play old games … UK government commits to funding specialist online copyright infringement policing unit … Rocco Rinaldo reports ... more

Seminars, interviews & commentary    November 11, 2014   thumbnail
Data retention: The potential impact of metadata

The federal government’s plan for telecommunications companies to retain metadata has worrying implications for all stakeholders … Sydney lawyer Patrick Fair examines the potential impact on journalists’ sources, personal privacy and civil litigation ... more

Appeals    November 10, 2014  
Born Brands Pty Ltd & Ors v Nine Network Australia Pty Ltd & Ors

The makers of a baby sleep positioner Channel Nine News reported as being linked to sudden infant death syndrome lose their appeal, despite the NSW Court of Appeal disagreeing with several of the trial judge’s findings … Rico Jedrzejczyk reports … more

Seminars, interviews & commentary    November 10, 2014   thumbnail
Book Review: The Journalist's Guide to Media Law

It’s a legal minefield out there for journalists, bloggers and posters of material online … Happily, there is guidance for all in the latest edition of Mark Pearson and Mark Polden’s The Journalist’s Guide to Media Law ... ABC lawyer Lynette Houssarini reviews a very handy handbook ... more

Seminars, interviews & commentary    November 7, 2014  
The blogger and the journalist

Two important media law judgments from New Zealand’s High Court … Right-wing blogger Cameron Slater is deemed a journalist, but fails to prevent further publication of his private (hacked) emails … Barrister Steven Price reviews the decisions ... more

Dossier    November 6, 2014   thumbnail
Beautiful one day...

Sydney defamation lawyer Barrie Goldsmith referred to the Legal Services Commissioner by QLD Supreme Court Justice Jean Dalton … A verdict for The Age in one jurisdiction, and an apology in another ... more

Damages    November 5, 2014  
James Phillips v Robab Pty Ltd & Ors

Sticks and stones … Dispute between Sydney osteopaths results in $50,000 damages and a permanent injunction for a website alleging he stole patient records ... more

Seminars, interviews & commentary    November 2, 2014   thumbnail
Blocking injunctions and the court's unlimited jurisdiction to make orders

A recent British High Court site-blocking injunction judgment could have far-reaching implications for defamation and privacy cases, according to Inforrm’s Hugh Tomlinson QC ... more

Interlocutory    October 31, 2014  
Kay Freeburn v The Cake decorators Association of NSW Inc & Ors (No 2)

NSW District Court Judge Judith Gibson dismisses another defamation action on the basis of the principle of proportionality articulated by NSW Supreme Court Justice Lucy McCallum … Cake decorators’ “vendetta” ends with apology ... more

Damages    October 30, 2014   thumbnail
Melinda Pedavoli v Fairfax Media Publications Pty Ltd and Anne Davies

Fairfax Media responds to attacks on the reasonableness of its offer of amends … Justice Lucy McCallum ponders the ordinary reasonable reader’s take on “predatory” sexual behaviour and considers the law in relation to Twitter ... more

Seminars, interviews & commentary    October 29, 2014  
Defamation law in Australia not as uniform as expected

NSW Supreme Court Justice Lucy McCallum’s decision that the Hore-Lacy defence “has no work to do in NSW” will no doubt be appealed … Sydney University media law academic Dr David Rolph writes that it should be, in the interests of substantive defamation law reform ... more

Imputations    October 28, 2014   thumbnail
Rachelle Louise v Australia Pty Ltd

Imputations alleging the girlfriend of convicted murderer Simon Gittany is “ridiculous” and “stupid” get short shrift in the NSW District Court … Judge Judith Gibson also finds problems with four imputations pleaded by a man once suspected of murder … Nina Ubaldi reports … more

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