- Trkulja III not as good as the originals: Google Inc v Trkulja  VSCA 333
- Strip club owner is no brothel madam: Hardie v Herald & Weekly Times  VSCA 103
- Barrister’s internet defamation: He fought the law and the law won: Dods v McDonald  VSC 201
- Dank v Nationwide News Pty Ltd  NSWSC 295. Number of days in Stephen Dank’s defamation trial – 20. Judgment Awarded – Priceless
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Category Archives: News
The old reciprocal duty-interest qualified privilege for a lawyer writing to another lawyer trick: Szanto v Melville  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
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
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
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
Statement of Claim Part VIII : Franchise Central (Australia) Pty Ltd & Ors v Fairfax Media Publications Pty Ltd  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
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
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
Chatroom defamation: Don’t defend and down $30,000: Leech v Green & Gold Energy Pty Ltd  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