Category Archives: Trial

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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Facebook and Twitter damages music to teacher’s ears: Mickle v Farley [2013] NSWDC 295

Orange is a large rural town in Western New South Wales and its High School became a site for a landmark defamation verdict. Yes, this case happened a while ago, but in our new age of social media, an interesting … Continue reading

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Defendants’ go all-in: Plaintiff calls their bluff and wins the $340,000 pot: Polias v Ryall & Ors [2014] NSWSC 1692

The plaintiff and four defendants were poker players used to playing high stakes games: hands worth thousands of dollars. In the middle of 2012, the plaintiff and the first defendant went to Las Vegas for a tournament and shared a … Continue reading

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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

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Hong Kong newspaper keeps its damages: Oriental Daily Publisher Ltd & Kwan v Ming Pao Holdings Ltd & Ors, in the Court of Final Appeal of the Hong Kong Special Administrative Region, Final Appeal No. 1 of 2012, 26 September 2012

As common as Hayley’s Comet, in Hong Kong, the defamation jury trial appears about once every 80 years. So although this particular decision was some months ago, I don’t think I will be around in 2093 for the next one, … Continue reading

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Emphatic win for Aspergers’ Advocate: Gluyas v John Best Junior [2013] VSC 3

Now 47, Philip Gluyas was 31 when he was diagnosed with Asperger’s Syndrome. On the one hand, Asperger’s can mean that a person has difficulties empathizing with people and dealing with social interactions that many people take forgranted. On the … Continue reading

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