Blog
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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…
October 26, 2011 -
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,…
October 20, 2011 -
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”,…
October 17, 2011 -
Can the Judge order that the trial be without a jury? Channel Seven Sydney Pty Ltd v Senator Concetta Fierravanti-Wells [2001] NSWCA 246
The circumstances of this appeal were as follows: • the plaintiff, a Senator from NSW, was funded to go to Italy on a study trip in 2009. She wrote a 620-page report…
October 17, 2011 -
Qualified privilege and Rumours in the High Court: Cush v Dillon [2011] HCA 30
On 10 August 2011, the High Court considered the question of whether qualified privilege attached to a statement (made in April 2005) to the Chairperson of a Committee known as the CMA,…
October 17, 2011 -
Mick Molloy and Before the Game: Just not funny: Nicole Cornes v Channel Ten [2011] SASC 104
For those who follow the AFL, Before the Game is a well-known television show on Channel Ten that precedes each Saturday night’s match and has done so for many years. On its…
October 17, 2011