Interlocutory    April 19, 2019

Sarah Hanson-Young v David Leyonhjelm

Late application for up to 10 witnesses to give evidence by video link ... "Unusual" ... Justice Richard White suggests leave may not be granted ... Senator Kristina Keneally may have to come off Shorten's campaign bus ... Stephen Murray reports ... more

 


Imputations    April 18, 2019

Victor Dominello v Harbour Radio Pty Ltd trading as 2GB

Important breakthrough for contextual truth defence ... State government minister unsuccessfully sought to "cover the field" by adopting the defendant's contextual truth imputations ... Plaintiff had no belief the contextual imputations were untrue ... Purpose of the amended statement of claim was to prevent 2GB relying on the contextual truth defence ... Abuse of process ... Stephen Murray reporting ... more

 

Trial reports    April 17, 2019

Antonio Bellino v Queensland Newspapers Ltd

Gambling and prostitution in Fortitude Valley ... Who's in on the game? ... Evidence from journalist Phil Dickie ... Final addresses in the Antonio?Bellino defamation trial ... Tale of the secondhand fridge from The Fridge Doctor ... The applicant would do nothing to hurt his "father's name" ... Stephen Murray reports ... more

 

Damages    April 11, 2019

Geoffrey Rush v Nationwide News Pty Ltd (No. 7)

All out verdict for actor Geoffrey Rush ... $850,000 in aggravated damages ... Economic loss still to be assessed ..."A sad and unfortunate case" ... Evidence of main truth witness not accepted ... Justice Michael Wigney thinks Rush,?Neil Armfield and Robyn Nevin were "impressive" witnesses ... Published denials insufficient ... Rush's touching of Eryn Jean Norvill was "unintentional" ... The shadow of "Witness X" ... The actor's likely lost earning capacity ... Stephen Murray reports ... more

 

Trial reports    April 11, 2019

Antonio Bellino v Queensland Newspapers

Brisbane underbelly ... Fitzgerald fallout ... Gambling ... Prostitution ... Bubbles Bathhouse ... Pinocchio's nightclub ... The Roxy ... Evidence from Chris Masters ... "Legal punishment" and?The Moonlight State ... The trial continues ...?Stephen Murray reports ... more

 

Appeals    April 11, 2019

Strangling the language

The UK Supreme Court gets to grips with defamatory meanings and social media ... Juries deal with impressions ... Judges may be tempted to over-analyse ..."He tried to strangle me" ... ?Facebook is a casual medium ... Language and meaning should be interpreted informally ... ?Professor David Rolph comments on Stoker v Stoker ... more

 

Trial reports    April 10, 2019

Antonio Bellino v Queensland Newspapers Ltd

Tony Bellino tested in cross-examination in action against The Courier-Mail ... Revisiting the Fitzgerald Inquiry into Queensland corruption ... Upstairs, downstairs ... "Fitzgerald destroyed my life" ... Applicant denies knowledge of illegal gambling, alcohol sales or prostitution at any of his premises ... "It was a gay place. I didn't want to go there" ... Stephen Murray reports ... more

 

Dossier    April 8, 2019

News round-up

Proceedings commenced against 36 respondents for breach of a breach of the suppression order affecting reporting of Cardinal Pell's choirboy trial ... Legal teams now sorted for Nine and Nine Publications ... Celebrities rally to raise the perils of journalism ... Defamation lists called over ... From Richard Ackland & Stephen Murray ... more

 

Media Matters    April 8, 2019

A clumsy attempt at web cleansing

Government’s rushed web-cleansing operation … Failure to consult, the exception being News Corp … Massive penalties for online “providers” of abhorrent material … Vague and unsatisfactory law … Potential open-ended liability … Presumptions of recklessness … Chilling effect on media reporting where public interest exemption is doubtful … Powerless to stop terrorist atrocities but trying to stop people looking at them … Janek Drevikovsky looks closely at the latest in the anti-terror arsenal … more

 

Interlocutory    April 7, 2019

Sarina & Another v O’Shannassy

Jurisdiction of the Federal Circuit Court ... Consumer law and defamation ... Consumer law claim withdrawn ... Whether jurisdiction was fabricated ... Defamation claim can proceed in the FCCA ... Stephen Murray reports ... more

 

Interlocutory    April 7, 2019

Milorad Trkulja v Microsoft Corporation and Yahoo Inc

Following the High Court in Trkulja v Google ... Capacity ... Comprehension of search engine results?might vary significantly ... Imputations of Melbourne underworld connections ... Two imputations struck out ... Costs ... On we go ... Stephen Murray reports ... more