Blog
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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…
November 23, 2011 -
Absolute privilege impregnable: Norris v Gittos [2011] WASC 295
The plaintiff represented herself and filed a statement of claim seeking damages of $4,000,000. In poker terms, this is what is called “over playing your hand”. She made the claim against two…
November 16, 2011 -
Cartoon Imputations Stand: Queensland Newspapers Pty Ltd v Palmer [2011] QCA 286
In a BRW 2002 edition, Ross Palmer was listed as being worth $180 million. On 10 June 2009, the Brisbane Courier-Mail published an article in its gossip column, “City Beat”. The article…
November 15, 2011 -
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…
November 12, 2011 -
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…
November 8, 2011 -
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,…
November 3, 2011 -
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…
November 3, 2011 -
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…
October 27, 2011 -
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