Appeals    June 7, 2019

The Age, Fairfax Media Publications, Federal Capital Press v Gayle; Gayle v The Age, Fairfax Media Publications, Federal Capital Press

Appeal?on the basis of "elementary fairness" ... Plaintiff's malice arguments a "departure from fair play" ... Vituperative assault on credibility of defence witness ... Whether QP reasonableness for the judge or jury ... Jury should have been discharged ... Submission that trial miscarried individually and cumulatively ... Fairfax's "swipe" at the moment of Gayle's vindication ... Cross-appeal for "slight increase" in damages ... Stephen Murray reports ... more

 

Interlocutory    June 4, 2019

Milorad Trkulja v Google LLC (No.2); Milorad Trkulja v Microsoft Corporation (No.2)

Second proposed further amended statement of claim ... Leave to file and serve refused by Justice John Dixon ... Allegedly defamatory search results from Google, Microsoft and Yahoo ... Pleadings "unnecessary, confusing and imprecise" ... Trial by jury proposed for complex issues ... Difficulty in properly articulating the claim ... Critical details missing from plaintiff's particulars ... The court's patience is "not unlimited" ... Stephen Murray reports ... more

 

Dossier    June 4, 2019

Talking heads

Sydney Writers' Festival where defamation and court suppression orders get the treatment from talking journalists ... The ultimate defamation settlement - fire the editor ... The journalist as plaintiff ... Courts not the ideal forum for defamation disputes ... Pell and media suppression ... There was bound to be trouble ... Richard Ackland reports ... more

 

Damages    May 30, 2019

Raynor v Murray

District Court awards $90,000 general damages and $30,000 aggravated damages for abusive email distributed to 17 residents of strata units in Manly ... Email exchange over an unlocked box for snail mail ... All defences rejected ... Defendant set out to humiliate strata chairman in response to requests for mailbox to be locked ... Gabrielle Hunter reports ... more

 

Interlocutory    May 27, 2019

Nationwide News v Geoffrey Rush

Five member Federal Court bench flagged to consider whether the Victorian Court of Appeal's decision on Rebel Wilson's non-economic damages was correct ... Statutory cap and aggravated damages ... Nationwide News asked to amend its notice of appeal ... Insufficient particulars for the application on Justice Wigney's alleged apprehended bias ... Case management ... The matter "weighs heavily" on Rush ... Stephen Murray reports ... more

 

Damages    May 24, 2019

Geoffrey Rush v Nationwide News

Parties agree on an award of nearly $2 million for past and future economic loss ... $850,000 in general and aggravated damages awarded in April ... Largest defamation damages award to an individual in Australian legal history ... Rush offered to settle for $50,000, plus page one apology ... Apprehended bias application - Justice Wigney sits tight ... Argument on a permanent injunction to prevent respondent repeating the imputations?... Stephen Murray reports ... more

 

Dossier    May 23, 2019

Sweeping reform, please

Submissions to the defamation law review from two of the major Sydney firms with big media practices ... Banki Haddock Fiora and Kennedys ... Different approaches to fixing a broken defamation regime ... Reform should go well beyond the questions posed in the AGs' discussion paper ... Fresh responses needed for a digital world ... So much to do ... So much at stake ... Richard Ackland reports ... more

 

Truth    May 22, 2019

Ashworth?aka?Otto?v?Nine?Network?Australia?Pty?Ltd

Defamation claims against three media organisations ... Plaintiff found to be engaged to "fraudulent scams" targeting young women for group sex ... "Bikini concerts" and other events promoted in remote Queensland locations ... Job trials ... Bankrupt plaintiff ordered to pay media's costs ... Gabrielle Hunter reports ... more

 

Interlocutory    May 16, 2019

Thomas Domican v Pan Macmillan Australia Pty Ltd and John Ibrahim

John Ibrahim's strike-out application ... Colourful Sydney identities in Federal Court defamation action ... Resurrecting the common law truth defence ... Hore-Lacy ... ?Applicant said to have a violent criminal past ... Respondents seeking to rely on evidence from a 1984 Panorama documentary ... ALP branch stacking ... Thuggery ... Whether particulars have sufficient specificity ... Stephen Murray reports ... more

 

Suppression    May 14, 2019

Jane Doe v XYZ

Pseudonym order granted to prominent lawyer accused of jilting his lover ... Salacious claims ... Embarrassment ... Trespass to the body ... Battery ... Nervous shock ... Order necessary to prevent the applicant's wife from discovering infidelities ... Supreme Court of Victoria ... Janek Drevikovsky reports ... more

 

Publication    May 14, 2019

Russell v Queensland Television Pty Ltd & Ors

A Current Affair ... Report on substituting barcode on instant noodles for more expensive items such as bulk lamb cutlets and shampoo ... Plaintiff interviewed at her front door was not the offender ... Insufficient identification of the plaintiff as the offender ... Michelle was not Kylie ... Publication ... Janek Drevikovsky reports ... more

 

Suppression    May 10, 2019

Geoffrey Rush v Nationwide News

Yael Stone identified as Witness X in the Geoffrey Rush defamation case ... Her allegations against Rush, some of a sexual nature, already aired in the New York Times and on the ABC ... Details of Stone's evidence remain suppressed ... Newspaper gives interim undertakings not to repeat the substance of Rush's imputations ... Lawyers for Rush say the Telegraph is "attacking the court" ... Nationwide News will ask Justice Wigney to recuse himself from further handling the case ... Apprehended bias ... Stephen Murray reports ... more