Category Archives: News

The old reciprocal duty-interest qualified privilege for a lawyer writing to another lawyer trick: Szanto v Melville [2011] VSC 574

Two lawyers were acting in relation to the sale of a number of apartments in Ascot Vale. One of them, the plaintiff, acted on behalf of the receiver in relation to the sale of those apartments. The receiver had been … Continue reading

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The defamation you have when you do not have a defamation: Eatock v Bolt [2011] FCA 1103

Andrew Bolt, columnist for the Herald Sun newspaper, wrote two articles in 2009 entitled “It’s so hip to be black” and “White Fellas in the Black”. It referred to what he called a “trend” of fair skin aboriginal people who … Continue reading

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Captain Dragan appeal fails: Snedden v Nationwide New Pty Ltd [2011] NSWCA 262

The plaintiff, Daniel Snedden, also known as Dragan Vasilykovic sued The Australian for an article published in September 2005: “Serbian Death squad commander alive and well teaching golf in Perth.” There was a trial by jury held to determine whether … Continue reading

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Morrissey show can go on: Morrissey v McNicholas & IPC Media Ltd [2011] EWHC 2738

Stephen Morrissey is an English singer and songwriter, known simply as “Morrissey”. In the 1980s, he was the lead singer of “The Smiths” and since 1989 has had a successful career as a solo artist. The New Musical Express (NME) … Continue reading

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Statement of Claim Part VIII : Franchise Central (Australia) Pty Ltd & Ors v Fairfax Media Publications Pty Ltd [2011] VSC 379

The plaintiffs provided consultancy services in relation to franchising. In January 2008, the defendants published an article in the BRW “From building to bail out”, and a further article in February 2008, “ASIC acts on franchise accusations”. The plaintiffs started … Continue reading

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Bloggers: Beware of the hyperlink: Ali v Associated Newspapers Ltd [2010] EWHC 100 (QB)

Azad Ali worked for the English Treasury and had a few blogs. One of the blogs was called “Defeating extremism by promoting balance” where he suggested that jihad was not terrorism. In January 2009, The Daily Mail published articles in … Continue reading

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The politician’s privilege?: Wookey v Quigley [2011] WASC 227

Since Lange in 1998, politicians have no longer been the cornerstones of the defamation lawyer’s practice. The High Court decided that we have an implied right in our constitution to discuss “government and political matter” and so politicians took their … Continue reading

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Contextual Truth and Nothing But the Truth: Besser v Kermode [2011] NSWCA 174

The contextual truth defence is the most complicated, convoluted and confusing defences available in defamation at common law. Under the 2005 Act, it means that the defendant claims this: “The words don’t mean that… they mean this other thing, which … Continue reading

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Chatroom defamation: Don’t defend and down $30,000: Leech v Green & Gold Energy Pty Ltd [2011] NSWSC 999

The plaintiff asserted he was defamed on a blog, the defendant did not appear at Court and judgment was entered in default. On assessment of the damages, which was still done unopposed, Fullerton J found that the first blog carried … Continue reading

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Blog debate defamation: Baglow v Smith 2011 ONSC 5131, Ontario Superior Court of Justice, Canada

Omar Khadr is a Canadian David Hicks. As a 15 year old, he was captured by American troops in Afghanistan, and he now lives in Guantanamo Bay. In the Canadian political “blogosphere”, Dr Dawg is a left-leaning blogger who believes … Continue reading

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