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Tag: Defamation Watch (Page 2 of 2)

Case Law, Australia: Dank v Nationwide News Pty Ltd: Twenty days in Stephen Dank’s defamation trial but Zero Damages – Justin Castelan

DankSince 2013, the Australian sporting landscape has been dominated, not by any particularly amazing footballer, cricketer or athlete. No, it has been dominated by Stephen Dank – “sports scientist”. He is the man responsible for bringing into the Australian consciousness a range of strange sounding peptides, unknown Mexican amino acids and apparently useful horse supplements. He also brought them into the bloodstreams of elite sportsmen across different footballing codes in different states and for different teams. Continue reading

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

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. Continue reading

Case Law, Australia: Moran v Schwartz Publishing Pty Ltd, CSI Lismore: German backpacker’s efforts to prevent publication of book all in vain – Justin Castelan

tobias-moranIn early 2005, the plaintiff, a German National with a working visa in Australia, was travelling along the east coast of Australia in a campervan with his German girlfriend of 6 and a half years, Simone Strobel. By the time they got to Lismore, they had been joined by the plaintiff’s sister, Katrin and another friend from their village in Germany called Jens. Continue reading

Australia: Dank’s defamation juggernaut faces first hurdles – Justin Castelan

Dr DankThe biggest name in Australian sport this year is not a footballer, a cricketer or even an athlete. The biggest name in Australian sport is Dr Stephen Dank, a “sports scientist”.  He is not a medical doctor, but in 2011 and 2012, he was brought in to help at least two clubs: the Essendon Football Club in the AFL and the Cronulla Sharks in the NRL, the National Rugby League. Continue reading

Case Law, Australia: Cronulla-Sutherland District Rugby League Football Club Ltd v Nationwide News Pty Ltd, Cronulla’s legal advice on ASADA kept confidential – Justin Castelan

Cronulla SharksThe 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 of sporting teams of peptides and similar so-called alleged performance enhancing products. Continue reading

Case Law, Australia, Papaconstuntinos v Holmes a Court, Qualified privilege, Holmes a Court wins in High Court – Justin Castelan

papa1Given that this year AFL Football and cricket have graced the Australian courts with fantastic defamation cases about talk shows, lurid affairs and sordid match-fixing claims, it seems only natural that Rugby League would eventually be selected as well.  And so it was. The High Court gave leave to appeal (still not sure why) and heard the appeal relating to the financially struggling South Sydney Rabbitohs and the feuding enemies who jousted for positions on the Club’s Board in March 2006 ([2012] HCA 53). In the one corner was the plaintiff, Tony Papaconstuntinos, or Mr Papa for short, who was a director of the Club and also employed by the Construction, Forestry, Mining and Energy Union (“CFMEU”). Continue reading

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