Costs    October 25, 2019

Bellino v Queensland Newspapers (No 2)

Justice Flick orders indemnity costs ... Applicant unreasonably rejected an offer of settlement ... Bellino admitted in his memoir and at the Fitzgerald inquiry that several of his imputations were true ... Finding of substantial truth ... Original article by journalist Phil Dickie ... Calderbank offer ... Janek Drevikovsky reports ... more

 

Appeals    October 25, 2019

Harbour Radio Pty Limited & Ors v Wagner & Ors

Alan Jones and associated broadcasting stations are unsuccessful in their attempt to lift injunctions ordered at trial ... Orders remain that the defamatory?broadcasts made by Jones not be repeated ... An instance where injunctions supplement large damages ... Concern that Jones would repeat the defamations unless restrained ... Court found the conduct of the broadcaster in the witness box showed the need for the gag to continue ... Alan Zheng reports ... more

 

Seminars, interviews & commentary    October 18, 2019

National security and journalism

A hyperventilating regime of national security that presses on the throat of journalism ... Criminalising reporting ... Pitfalls facing a "free press" ... State spying on journalists ... Abuse of metadata ... Reporting by Janek Drevikovsky with Richard Ackland? ... more

 

Dossier    October 18, 2019

Read all about it

Chau Chak Wing ... Movements at the station ... Security for costs ... Settlements ... The presses are rolling - book publishers and retailers warned ... Latest suppression stats ... Trial timetables ... Tweets from offshore ... Richard Ackland reports ... more

 


Interlocutory    October 7, 2019

Shane Pettiona v Nationwide News; Darren Pettiona v Nationwide News

Proceedings brought by two brothers to be consolidated ... But, separate statutory caps apply ... Justice Michael Lee says the purpose of the cap is to reduce the disparity between awards in defamation and physical injury cases ... Referee to examine whether company traded while insolvent ... Access to a deed of release off-limits, for now ... Tail end of a Pacific cyclone ... The Galápagos Islands ... Stephen Murray reports ... more

 

Interlocutory    October 7, 2019

Clinton Sarina & Martin Green v John O’Shannassy

Abuse of process in the District Court, but not in the Federal Circuit Court ... Judge Manousaridis presiding ... Emails over loan repayments with accompanying links to articles ... Applicants alleged confidants of standover man Michael McGurk ... Pleaded meanings ... Whether the email should be read without the linked articles ... Stephen Murray reports ... more

 

Interlocutory    October 7, 2019

Clifford Weeks v Nationwide News & Anor

Particulars of justification ... The broad view of "incompetence" ... Particulars found to be capable of proving the substantial truth of the imputation ... Adequate particulars required before obtaining discovery ... Qualified privilege ... Confidential sources ... Who received the information? ... Stephen Murray reports ... more

 

Appeals    October 4, 2019

Malgorzata Poniatowska v Channel Seven Sydney Pty Ltd

South Australian Full Court takes away all of Channel Seven's defences for a welfare "cheat" story by?Today Tonight ... ?"The cheat who got away" ... Primary judge comprehensively overturned ... Single parent benefit from Centrelink ... Conviction successfully appealed ... Earlier guilty plea misconceived ... Burden of proof had been inverted at defamation trial ... Defences of justification, fair comment, fair report, qualified privilege and Lange - all unsuccessful ... Insufficient investigation and research ... Stephen Murray reports ... more

 

Interlocutory    September 26, 2019

Slaven v Prime Media Group Limited

Identification ... Consent order for a separate trial on identification set aside ... Judge Judith Gibson resisting attempts to reintroduce mini-trials by consent ... Potential that the plaintiff could be shut out of his case if there was a separate trial ... Allegations of bullying by security guard at Wagga Airport ... Stephen Murray reports ... more

 

Damages    September 25, 2019

Jane Doe v Shane Dowling

Total of $600,000 in aggravated damages awarded to four women caught up in the Tim Worner sex allegations ... Defamed by blogger ... Plaintiffs did not give evidence ... Affair with a married man and damage to reputation ... Tone of the articles suggested debauchery ... Cairns & Morosi v Fairfax distinguished ... Defences of justification, absolute privilege and qualified privilege all rejected ... Takedown orders ... Indemnity costs ... Stephen Murray reports ... more

 

Dossier    September 23, 2019

Daniel Taylor v Nationwide News

Son of John Ibrahim sues The Sunday Telegraph?in the Federal Court over "wise guy" description ... 24-page wrap-around special on the Ibrahim family ... Cleared over charges about a?suitcase full of cash ... Claim that the story was "over-sensationalised" ... Promotion of the story on social media ... Stephen Murray reports ... more