Case Law, Australia: Hockey v Fairfax Media, Joe Hockey awarded $200,000 over malicious poster and tweets – Yvonne Kux

3 07 2015

gazetteIn a judgment handed down on 30 June 2015 ([2015] FCA 652), the Federal Treasurer, Joe Hockey, has been awarded damages totalling $200,000 over a poster and two tweets which accused him of “corruptly soliciting and accepting payments to influence his decisions as Treasurer of the Commonwealth of Australia”. Read the rest of this entry »





Case Law, Australia: Dr Bruce Flegg v Graeme Hallett, Massive damages for career destroying political defamation – Yvonne Kux

28 06 2015

gazetteIn the case of Flegg v Hallett ([2015] QSC 167 [pdf]) the former Queensland Minister for Housing and Public Works, Bruce Flegg, has been awarded damages totalling $775,000 over malicious comments made at a press conference and in a radio interview by his ex-media adviser, Graeme Hallett. Read the rest of this entry »





Case Law, Australia: Gabriella Piscioneri v Anthony Brisciani, Online discussion forum defamation damages of $82,000 – Alexi Polden

14 06 2015

gazetteIn the case of Piscioneri v Brisciani ([2015] ACTSC 106), the Australian Capital Territory Supreme Court found that the owner and administrator of online forumZGeek is liable for discussion on it, and awarded $82,000 damages to a lawyer defamed on the site. Read the rest of this entry »





Case Law, Australia: Jeffrey and Curnow v Giles, Crushed rock damages award increased on appeal – Justin Castelan

6 06 2015

casacirJeffrey and Curnow were defamed by statements made by Virginia Giles on a website in 2011. The plaintiffs were directors of a company, Casacir Pty Ltd, which operates a quarry in the south of Victoria. The defendant’s company owned the neighbouring property and the defendant planned to retire there. So when the plaintiff applied for a permit to use the land as a quarry, the defendant objected and there was a hearing at VCAT about that. The defendant lost and the quarry was allowed. Read the rest of this entry »





Access request for network data granted! A few thoughts on the decision in Ben Grubb and Telstra – Sophie Stalla-Bourdillon

29 05 2015

control-room-2The decision in Ben Grubb and Telstra Corporation Limited ([2015] AICmr 35) is fascinating.  It was issued on 1 May 2015 by Timothy Pilgrim, the Australian Privacy Commissioner – especially in the light of our recent posts, such as this one concerning Internet Service Providers (ISPs) and their roles as mere conduits and/or data controllers, or that one concerning the definitions of metadata. Read the rest of this entry »





Case Law, Australia: Gacic v John Fairfax Publications Pty Ltd, Damages increase for restaurateurs defamed by Sydney Morning Herald review – Yvonne Kux

2 05 2015

gazetteIn the case of Aleksandra & Ljiljana Gacic & Branislav Ciric v John Fairfax Publications Pty Ltd & Matthew Evans ([2015] NSWCA 99) the NSW Court of Appeal increased the $160,000 damages awarded to each of three former restaurateurs defamed by a Sydney Morning Herald review twelve years ago. Read the rest of this entry »





Case Law, Australia: Rateb Jneid v Western Australian Newspapers Limited, Isolated front page a distinct publication – Carmel Galati

8 04 2015

gazetteIn the case of Jneid v Western Australian Newspapers ([2015] WASC 68) the Western Australia Supreme Court found that the front page of The West Australian newspaper displayed in a glass box, is a separate act of publication for the purposes of maintaining a defamation claim. The court also found it was capable of conveying an imputation without reference to a story in the body of the paper. Read the rest of this entry »








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