Author Archives: Justin Castelan

Tweed Shire Mayor gets revenge threefold – Milne v Ell [2017] NSWSC 555

Property developer, William Robert Ell sued Tweed Shire Councillor, Katie Milne in defamation in 2014. He sued over a letter to the editor which Ms Milne had written about a contentious building development conducted by Mr Ell. While Mr Ell … Continue reading

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Melbourne defamation lawyer loses to Google: Defteros v Google LLC & Google Australia Pty Ltd [2017] VSC 158

Google Australia Pty Ltd – it looks like Google, smells like Google and it very much tries to act like it is not Google. For several years there have been several people who have all tried to sue Google Australia … Continue reading

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Trkulja III not as good as the originals: Google Inc v Trkulja [2016] VSCA 333

By 2008, Indiana Jones had fought, flown and fallen through several great adventures: all against great odds, in the face of powerful empires and despite significant hurdles, he ploughed on… ultimately to victory. Then came Indiana Jones and the Crystal … Continue reading

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Strip club owner is no brothel madam: Hardie v Herald & Weekly Times [2016] VSCA 103

The plaintiff, Ms Raelene Hardie, was a part owner and manager of a strip club in rural Victoria called “Club Rawhide”. On 16 May 2013, the Herald Sun ran an article written by Andrew Rule, a journalist, on its front … Continue reading

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Barrister’s internet defamation: He fought the law and the law won: Dods v McDonald [2016] VSC 201

During the evening of 11 December 2008, Tyler Cassidy, a 15 year old boy had stolen two large knives from Kmart at Northcote Plaza Shopping Centre, near All Nations Park. He moved through the shopping centre, its shops and car … Continue reading

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Dank v Nationwide News Pty Ltd [2016] NSWSC 295. Number of days in Stephen Dank’s defamation trial – 20. Judgment Awarded – Priceless

Since 2013, the Australian sporting landscape has been dominated, not by any particularly amazing footballer, cricketer or athlete. No, it has been dominated by Stephen Dank – “sports scientist”. He is the man responsible for bringing into the Australian conscience … Continue reading

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Artists’ appeal upheld, record verdict set aside and re-trial ordered: Vakras v Cripps [2015] VSCA 193

In 2014, a gallery owner, Raymond Cripps was awarded a record $420,000 defamation verdict in the Victorian Supreme Court. The verdict was made by His Honour Justice Kyrou against two surrealist artists, Demetrios Vakras and Lee-Anne Raymond. They held an … Continue reading

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Hockey hoists Fairfax on its own placard: Hockey v Fairfax Media Publications Pty Ltd [2015] FCA 652

On 5 May 2014, Fairfax, through the Sydney Morning Herald, The Age and the Canberra Times, ran a series of articles about a Liberal Party fundraising entity called the North Sydney Forum. North Sydney is the seat held by Australia’s … Continue reading

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Crushed Rock damages ruled too soft on appeal: Jeffrey & Curnow v Giles [2015] VSCA 70

Jeffrey and Curnow were defamed by statements made by Virginia Giles on a website in 2011. The plaintiffs were directors of a company, Casacir Pty Ltd, which operates a quarry in the south of Victoria. The defendant’s company owned the … Continue reading

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CSI Lismore: German backpacker’s efforts to prevent publication of book all in vain: Moran v Schwartz Publishing Pty Ltd [2014] WASC 334

In early 2005, the plaintiff, a German National with a working visa in Australia, was travelling along the east coast of Australia in a campervan with his German girlfriend of 6 and a half years, Simone Strobel. By the time … Continue reading

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