Category Archives: News

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

Posted in Damages, Defamatory meaning, News, Trial | Tagged , | Leave a comment

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

Posted in Damages, Defamatory meaning, government and political matter, News, Publication, Trial | Tagged , , | Leave a comment

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

Posted in Damages, Defamatory meaning, News, Trial, Truth, Uncategorized | Tagged , , | Leave a comment

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

Posted in Damages, Defamatory meaning, government and political matter, News, Qualified privilege, Trial, Uncategorized | Tagged , , , | Leave a comment

No tort for breach of privacy in South Australian epic: Sands v South Australia [2013] SASC 44

In a trial that ran for 55 days late last year and concluding in February this year, the plaintiff, Derick John Sands, has lost his claim for defamation, as well as other claims including a breach of confidence and a … Continue reading

Posted in Absolute privilege, Damages, Identification, News, Privacy, Publication, Reciprocal duty-interest, Trial, Truth | Tagged , | 1 Comment

One Small Step for Mr Trkulja, One Giant Leap for GoogleKind: Trkulja v Google Inc [2012] VSC

In February this year, Milorad Trkulja, a Melbourne Music Promoter sued Yahoo!. What had happened was that if a person searched his name on Yahoo!, the results contained links to an article that linked him to the Melbourne underworld. While … Continue reading

Posted in Damages, News, Publication, Trial | Tagged , , , , | 2 Comments

High Court rules on Replying to an Attack: Harbour Radio P/L v Trad [2012] HCA 44

On 18 December 2005, about a week after the Cronulla Riots, Keysar Trad was one of the speakers at a “peace rally” in front of 5000 people at Hyde Park in Sydney. He said this: “I never lost my faith … Continue reading

Posted in contextual truth, Defamatory meaning, Malice, News, Qualified privilege, reply to attack, Truth | Tagged , , | 1 Comment

Hobart Mercury’s Sleazy Campaign Yields Record Damages: Gunston v Davies Brothers Ltd [2012] TASSC 15

Andrew Gunston was a policeman in Tasmania whojoined the Force in 1982. On the night of 12 October 2001, while off duty, he went to the Queenstown’s  Empire Hotel for a drink. Or a few drinks. And a game of … Continue reading

Posted in Damages, fair and accurate report, Fair comment, News, Trial | Tagged , | 1 Comment

South African source kept confidential: Bosasa Operation Pty Ltd v Basson & Anor [2012] ZAGPJHC 71

In this age of the Leveson Inquiry and Rupert Murdoch being cross-examined about why there may be dozens of people arrested in his newspaper empire for crimes like phone hacking the telephone lines of people who lost family members in … Continue reading

Posted in News | Tagged | Leave a comment

Hyperlink is not publication in Canada: Crookes v Newton 2011 SCC 47

The Full Court of the Canadian Supreme Court recently considered a simple question, but one which will have a profound impact on communications in the common law world: Is a hyperlink a “publication” for the purposes of defamation law? While … Continue reading

Posted in News, Publication | Tagged , , | Leave a comment