Appeals    May 21, 2024

Wright v De Kauwe (No 2)

Court of Appeal (WA) ... Former company director loses appeal over valuation of lost option on shares ... Media and investor relations advisor loses appeal over whether he was publisher of announcement to the ASX ... Directors lose appeal over whether directors fees were lost ... Courts Editor Stephen Murray reports ... more

 

Dossier    May 20, 2024

Around the courts

Federal Court ... Victorian Opposition Leader settle actions brought by two anti-transgender activists ... Costs arguments looms in celebrity cavoodle case ... Prospect of appeal ... Evidence wraps up in high profile surgeon action ... Courts Editor Stephen Murray reports ... more

 

Whistleblowing    May 20, 2024

R v McBride (No 4)

ACT Supreme Court … Former military lawyer David McBride sentenced to five years and eight month imprisonment … Convicted of theft of military documents and unauthorised disclosures … Sentencing remarks of Justice David Mossop … Deterrence paramount … Reactions … Courts Editor Stephen Murray reports … more

 

Trial reports    May 15, 2024

Munjed Al Muderis v Nine Network Australia Pty Ltd & Ors

Federal Court ... Proceedings brought by surgeon Munjed Al Muderis continues ... Journalist Tom Steinfort continues in cross-examination ... Natalie Clancy, producer at 60 Minutes, gives evidence ... Oral evidence for the respondents concludes ... Courts Editor Stephen Murray reports ... more

 

Injunctions    May 14, 2024

eSafety Commissioner v X Corp

Federal Court ... eSafety Commissioner loses bid for final injunction against X Corp ... Required worldwide removal of posts featuring video of stabbing of Assyrian Orthodox Bishop in Western Sydney ... Notice valid use of power ... Injunction sought went beyond what was reasonable ... Comity of nations ... Courts Editor Stephen Murray reports ... more

 

Trial reports    May 14, 2024

Munjed Al Muderis v Nine Network Australia Pty Ltd & Ors

Federal Court ... Trial in proceedings brought by surgeon Munjed Al Muderis continues ... Former 60 Minutes presenter Tom Steinfort faces cross-examination ... Asked about testing and verification of sources ... Whether publications were in public interest ... Dealings with colleagues ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    May 13, 2024

Peros v Nationwide News Pty Ltd & Ors (No 2)

Queensland Supreme Court ... Man acquitted of murder but found to have killed former partner by Coroner required to particularise reputation before publication of Shandee's Story podcast episode ... Not required to particularise reputation arising from Coroner's report and subsequent reporting ... Courts Editor Stephen Murray reports ... more

 

Interlocutory/Case-Management    May 13, 2024

Peros v Nationwide News & Ors

Queensland Supreme Court ... Court rules concerns notice not needed as proceedings commenced in Western Australia ... Queensland law not intended to have extraterritorial application ... Separate hearing on serious harm as no special circumstances ... Courts Editor Stephen Murray reports ... more

 

Seminars, interviews & commentary    May 13, 2024

Mis-and-Dis-Information

Online regulation ...  Parliamentary investigation into impact of social media on society ... A "regulatory turn" ... Review of Online Safety Act ... eSafety Commissioner v X Corp ... Voluntary code not working ... Online age verification ... International principles and practice ... Dr Robert Nicholls reports ... more

 

Litigation    May 13, 2024

Hoser v Georges (No 2)

Federal Circuit and Family Court … Herpetology … Criticism of an author’s reputation and work … Copyright Act … Author’s moral right of integrity of authorship … Limited scope of protections … Remedy in defamation … Hamish Lennon reports … more

 

Costs    May 10, 2024

Lehrmann v Network Ten Pty Limited (Costs)

Federal Court ... Network Ten and Lisa Wilkinson obtain indemnity costs from Bruce Lehrmann for substantial truth defence ... Costs on ordinary basis for unsuccessful statutory qualified privilege defence ... No costs ordered for preparation of affidavits going to statutory qualified privilege defence ... Referee appointed ... Courts Editor Stephen Murray reports ... more

 

Trial reports    May 9, 2024

Munjed Al Muderis v Nine Network Australia Pty Ltd & Ors

Federal Court ... Trial in proceedings brought by surgeon Munjed Al Muderis against Nine Network continues ... Cross-examination of investigative journalist Charlotte Grieve continues for third day ... Asked about credibility of sources ... Denies generating complaints to regulator in hope of future stories ... Courts Editor Stephen Murray reports ... more