Case Report, Australia: Chel v Fairfax Media, Jury rejects contextual truth defence – Yvonne Kux

12 03 2017

A NSW Supreme Court jury rejects Fairfax Media’s contextual truth defence after Justice Robert Beech-Jones allows the defendant to “plead back” two imputations the jury found to be true … Damages hearing to follow. Read the rest of this entry »





Case Law, Australia: Heather Reid v Stan Dukic, $180,000 damages for nine Facebook posts – Yvonne Kux

7 12 2016

gazetteIn the case of Reid v Dukic [2016] ACTSC 344, a man who posted a series of Facebook posts defaming the chief executive of a Canberra football organisation has been ordered to pay her damages of $180,000. Read the rest of this entry »





Media Law Resource Centre, 2015 Conference, “London or Bust …” – Yvonne Kux

5 11 2015

gazetteThis year’s Media Law Resource Centre conference in London featured free speech, privacy, press regulation, tabloid journalism, drones, judges, journalists and some very fine cocktails at the House of Lords … The Gazette couldn’t resist

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Case Law, Australia: Fairfax Media Publications Pty Ltd v Melinda Pedavoli: Fairfax loses damages appeal over false report of unnamed teacher preying on students – Yvonne Kux

6 09 2015

gazetteIn the case of Fairfax Media Publications Pty Ltd v Pedavoli  ([2015] NSWCA 237) the NSW Court of Appeal has unanimously dismissed an appeal by Fairfax Media over the $350,000 damages awarded to a female schoolteacher it falsely accused of sexually preying on male students. Read the rest of this entry »





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: 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: Sandra De Poi v Advertiser News Weekend Publishing Company Pty Ltd, MP’s ex loses “dishonest electoral practice” defamation action – Yvonne Kux

13 03 2015

gazetteSandra De Poi, the former partner of South Australia Labor MP Leon Bignell and a WorkCover board member, has lost her defamation action against the publisher of The Sunday Mail. Read the rest of this entry »





Case Law: Australia, North Coast Children’s Home Inc. v Keith Martin, the perils of digital defamation – Yvonne Kux

17 08 2014

gazetteIn the case of  North Coast Children’s Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin ([2014] NSWDC 125) a foster care organisation and two of its employees who sued over Facebook posts and emails which alleged child abuse, have been awarded a total of $250,000 in damages. Read the rest of this entry »





Case Law, Australia: Brendan Ritson v Gary Burns, A$7500 damages for “a single comment made to one person” – Yvonne Kux

3 04 2014

gazetteIn the case of Ritson v Burns ([2014] NSWSC 272), a former policeman who was called a criminal by gay rights activist was awarded damages of A$7500 for publication to one person.  In her judgment, NSW Supreme Court Justice Lucy McCallum made it clear that the action “warrants some explanation”.

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