Case Law, Australia: Wagner v Harbour Radio Pty: Defamatory radio broadcasts result in largest ever damages award, $3.7 million – Stuart Gibson

15 09 2018

In the case of Wagner & ors v  Harbour Radio & ors ([2018] QSC 201) the Supreme Court of Queensland awarded a record total of $3.7 million to four brothers over comments made by controversial broadcast Alan Jones in 27 radio broadcasts which conveyed 76 defamatory imputations in relation to the collapse of a dam wall at a quarry owned by the brothers during floods in 2011.  Read the rest of this entry »





Case Law, Australia: Moroney v Zegers, Lying defamation defendant shot down by Sporting Shooters – Justin Castelan

12 09 2018

For a short time in 2012, Karel Zegers was the Acting President of the Victorian branch of the Sporting Shooters Association of Australia (“SSAAV”). His position on the Board was up for election in August that year and he decided to set up a website to run his campaign: shootersvictoria.com.  Read the rest of this entry »





Australia: the public interest backwater – David Rolph

5 09 2018

The UK, Canada, and New Zealand have developed a broader qualified privilege public interest defence … Australia lags in this development, although there are special local impediments … Durie v Gardiner in NZ holds there is nothing special about government or political speech that should not be applied to the protection of all speech … Waiting for the proper case in Australia … Professor David Rolph comments. Read the rest of this entry »





Case Law: Burki v. Seventy Thirty Ltd, Plenty of fish, too little caviar – Barbara Rich

1 09 2018

The case of Burki v. Seventy Thirty Ltd, Seventy Thirty Ltd [2018] EWHC 2151 (QB) offers a vivid glimpse into the real-life world of “Wry Society”, a regular feature in the Financial Times How to Spend Itmagazine, which holds a mirror up to its readership by satirising the tastes and foibles of High Net Worth Individuals in pursuit of expensively “curated” lifestyles. Read the rest of this entry »





Case Law: Alsaifi v Newcastle College Group and Board of Governors, Libel Claim Lecturer wins appeal to fight on – Media Lawyer

18 08 2018

In the case of Alsaifi v Newcastle College Group and Board of Governors ([2018] EWHC 1954 (QB)) a lecturer who was banned from teaching then won an appeal overturning that decision has succeeded with an appeal against a Master’s decision to dismiss his defamation claim against the college at which he once worked. Read the rest of this entry »





Reputation beyond Defamation – David Rolph

13 08 2018

The common law has long protected reputation very highly. The principal means by which it has done this is the tort of defamation. Justice Hallett in Foaminol Laboratories Ltd v British Artid Plastics Ltd ([1941] 2 All ER 393) famously remarked that “a claim for mere loss of reputation is the proper subject of an action for defamation and cannot ordinarily be sustained by means of any other form of action”. Read the rest of this entry »





Case Law, Australia: Pahuja v TCN Channel Nine, Channel Nine’s “disgraceful” story, $300,000 damages – Justin Castelan

10 08 2018

Sunil Pahuja migrated to Australia at 27, did a Masters in accounting and developed a business installing solar panels. He knew many people in the Indian community and was to become the perfect example of a person who was in the wrong place at the wrong time. Read the rest of this entry »