Blog
-
Cronulla’s legal advice on ASADA kept confidential: Cronulla-Sutherland District Rugby League Football Club Ltd v Nationwide News Pty Ltd [2013] NSWSC 494
The biggest news in Australian sport this year has been the investigation by the Australian Crime Commission and the Australian Sports Anti-Doping Authority (ASADA) into the alleged use by athletes and members…
June 24, 2013 -
Journalist’s source can be served as a pseudonym: Ultrasonic Slimming Pty Ltd & Anor v Fairfax Media Publications Pty Ltd [2013] NSWSC 547
Justice Nicholas was asked a question that has been troubling humankind since the dawn of time: If a tree falls in a forest and no-one hears it, does it make a sound?…
June 20, 2013 -
Talk-back caller’s claim does not get on: Casley v ABC [2013] VSC 251
Jon Faine is the talk-show host on ABC Radio in the morning in Melbourne. On 2 July 2010, he took a call from a self-described “well known and frequent caller to radio…
June 11, 2013 -
English Tweet not so Innocent: Lord McAlpine v Bercow [2013] EWHC 1342 (QB)
In England, Lord McAlpine is a former Deputy Chairman of the Conservative Party and a former Party Treasurer. He was a close aide to Margaret Thatcher during her time as Prime Minister…
May 30, 2013 -
Fijian Property Developer’s case struck out: Mahon v Mach 1 Financial Services Pty Ltd (No.2) Pty Ltd [2013] NSWSC 10
It is well known that a plaintiff has very little chance of getting an injunction to restrain the publication of defamatory matter. Courts will usually say that damages are an adequate remedy.…
April 29, 2013 -
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…
April 18, 2013 -
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…
April 12, 2013 -
Google Australia not a publisher: Rana v Google Australia Pty Ltd [2013] FCA 60
In asserting that it is not a publisher of its search engine results, Google has at last had a win, of sorts, in the Federal Court. But the win was not as…
March 28, 2013 -
Google wins but loses again, now in UK: Tamiz v Google Inc [2013] EWCA Civ 68
Payam Tamiz, an English Conservative politician who had been running for the local elections in Thanet, sued Google for anonymous comments on a blog that was created on Google’s blogger platform, “London…
February 28, 2013 -
Google wins ACCC battle in High Court, but has it lost the defamation war?: Google Inc v ACCC [2013] HCA 1
In 2012, the Full Court of the Federal Court held that Google engaged in misleading or deceptive conduct, in breach of s.52 of the Trade Practices Act because if a person searched…
February 19, 2013