Story Archive 2000

 

No. 123
Monday, December 4, 2000

Former Victorian police chief chilled with $20,000 award

Glare v John Fairfax Publications Pty Ltd

District Court strikes out Channel 9 reporter's defamation action against 'Media Watch'
Barrett v ABC

NSW Police Minister's defamation action against 'The Sun-Herald' collapses after numerous failed attempts to get the imputations to stick
Whelan v John Fairfax Publications Pty Ltd

Theatrical expression still intact. Education Department not liable for naughty student skit on carpentry teacher
Bishop v State of NSW

Defendant in backyard sewerage war can cross-sue Channel 7
Schneller v Amalgamated Television Services Pty Ltd

'Townsville Bulletin' reporter to plead not guilty to charge of interviewing prisoners without authority
Queensland Corrective Services v Andersen
 

Section 7A, Defamation Act NSW

Bikie leader takes remaining defamation cases to District Court after Supreme Court jury tosses out action against 'Sydney Morning Herald' 
Vella v John Fairfax Publications Pty Ltd

'Daily Telegraph' stories over lesbian headmistress go to trial
Mularczyk v Nationwide News Pty Ltd

Fifteen defamatory imputations for trial in Pat Dodson case
Dodson v Nationwide News Pty Ltd

Wrong man identified as alleged murderer
Doan v Network Ten Pty Ltd


No. 122
Friday, October 13, 2000

Injunction under NSW Fair Trading Act overturned by Justice Levine. Freelance journalist can publish information about Malaysian controlled company. Allegations of misleading conduct by directors
Carlovers Carwash Ltd v Sahathevan



No. 121
Thursday, October 12, 2000

Latest defamation awards 

Misdescription of eye surgeon's negligence sees District Court award of $270,000 against 'The Daily Telegraph'  
Rogers v Nationwide News Pty Ltd 

English teacher distressed over 'Sunday' program's claim of "way out" techniques. NSW Supreme Court Justice Dunford (right) awards $165,220 to the depressed school master 
McMullen v TCN Channel Nine Pty Ltd  
 

Qualified privilege 

'Sun-Herald' and 'BRW' lose qualified privilege defence in Bishopsgate fraud case. Judge expects journalists to have made more inquiries before publishing. Verdict of $520,000 still stands 
Vilo v John Fairfax Publications and David Syme & Co Pty Ltd


No. 120
Thursday, September 21, 2000

"Slush fund" allegations about Labor club
Justice Bruce James  of the NSW Supreme Court hands down $595,000 defamation damages verdict against Channel 7 - the equivalent of $1 per viewer. Interest still to be calculated.
Randwick Labor Club & seven ors v Amalgamated Television Services Pty Ltd



No. 119
Thursday, September 14, 2000

Old Labor types ask for $4 million after Channel 7 drops its defences 
Randwick Labor Club v Amalgamated Television Services Pty Ltd 

$250,000 in damages over allegations of corruption in kangaroo meat business. Plaintiff "bawled like a baby". Vexing issue of GST on damages 
Vacik Distributors Pty Ltd v ABC and Nationwide News Pty Ltd 

Damages of $70,000 to Sydney alderman for defamatory real estate article as qualified privilege squelched, yet again 
Lam v Nationwide News Pty Ltd 

"I'll have you too." One of Kerry Packer's cases against Fairfax and Fred Hilmer sent packing from the ACT to NSW. A fine moment for cross-vesting  
K.F.B. Packer v John Fairfax Publications Pty Ltd and Hilmer 

Malaysian moguls use the Fair Trading Act to muzzle pesky journalist. But is he really a journalist and thereby a "prescribed information provider"? 
Carlovers Carwash v Sahathevan 

Suing different defendants over reprints of the very same book previously sued upon. Arthur Harris has another flutter on 'The Gambling Man' 
Harris v 718932 Pty Ltd  

'The Sydney Morning Herald' reported the acquittal of a man by the Court of Criminal Appeal. To provide some context the paper also quoted the trial judge's remarks at the time of sentencing. The jury found nothing defamatory, but was this a fair protected report of the appeal outcome?  
Pavy v John Fairfax Publications Pty Ltd  

The Chief Justice agreed that the prosecution of John Laws should be transferred from the District to the Supreme Court. After all, this was the first "soliciting a juror" trial and sentencing guidelines were needed 
Full text of Justice James Wood's sentence 

School teacher sues the NSW government over sketch in student revue. Claims there is an imputation that he "engaged in lewd sexual activities with another teacher"  
Bishop v State of NSW  

Mighty constitutional issues flow from the ADT's order for Alan Jones to apologise to "the Aboriginal people of NSW". Jones to go all the way on the issue of freedom of political discussion, i.e. "I wouldn't want my house rented to anyone smelling like a skunk"  
Western Aboriginal Legal Service v Alan Jones



No. 118
August 15, 2000

'Sixty Minutes' v 'Media Watch' 
What constitutes plagiarism? 'Media Watch' accuses Richard Carleton 
The (non-negotiable) apology demanded by Carleton 

The statement of claim 

Identity crisis in the Sunshine State 
First Queensland judge to sue a newspaper for defamation. Judge "Rocky" Hall identified in "Courier-Mail" article, according to Court of Appeal - STORY 

More details needed to identify nude woman in photo - STORY 

The heavy hand of correction. Jail authorities in Queensland prosecute journalists who interview prisoners - STORY 

Racial vilification 
"Smelling like a skunk, with a sardine can on one foot..." Alan Jones and 2UE vilified NSW Aboriginals in two 1995 broadcasts. Ruling by NSW Administrative Decisions Tribunal 

'Financial Review'  incites "hatred" of Palestinians in article on the opinion page. Ruling by NSW Administrative Decisions Tribunal 



No. 117:
Friday, July 14, 2000

ALAN JONES' BITTER HARVEST 
Dodson v Radio 2UE and Jones 
Buck v Jones 
Harrigan v Jones 
Murrihy v Radio 2UE 
 

OTHER SECTION 7A DEFAMATION TRIALS 
Dodson v Nationwide News 
Gibson v ABC 
Lynch v News Ltd 

QUALIFIED PRIVILEGE 
Green v Schneller: neighbourhood sewerage war not a matter of 'interest' - STORY 
 
DEFAMATION SETTLEMENTS 
Wheeler; Halbish; Wood; Hughes; Fleming; Walsh - STORY



No. 116:
Wednesday, June 7, 2000

"CELEBRITY" SETTLEMENT 

Allen & Unwin issues massive public grovel and pays "substantial damages" to Paula Yates over "pregnancy entrapment" claim - STORY 

TOBIAS v ABC 

Former President of NSW Bar Association, Murray Tobias QC writes letter claiming to be defamed, and the ABC pulls "mockumentary" from your airwaves - LETTER  



No. 115:
Thursday, June 1, 2000

QUALIFIED PRIVILEGE 

Makeig v Derwent. NSW Court of Appeal overturns $70,000 award of damages in District Court. Trial judge wrongly applied the 'Lange' reasonableness test to defence of common law qualified privilege - STORY 

Assaf v Skalkos. False attack defeats qualified privilege in ethnic media row - STORY 



No. 114:
Friday, May 26, 2000

The Federal Court's Justice Merkel wades into the defamation quagmire and gives Slater & Gordon a terrible walloping - STORY 

Melbourne solicitor sues over letter to managing partner. The result? - Victoria's largest defamation award. But the case was undefended - STORY 

South Australian judge's po-faced approach to the ridicule of a racist - STORY 

"What is it that moves otherwise intelligent people - Oscar Wilde among them - to a course of action that must surely, in all probability, leave them diminished, damaged, perhaps destroyed?" So asks NSW Attorney General Jeff Shaw  as he stakes out a defamation reform agenda - SPEECH 
 
Assaf v Skalkos... Jury verdict of $180,000 stands after defendants lose qualified privilege argument - STORY 



No. 113:
Wednesday, May 10, 2000

NSW Attorney General Jeff Shaw QC lays out the issues for defamation law reform. Is this one more push for for court ordered declatations of falsity? - SHAW'S STATEMENT 

Defamation law reform forum today in Sydney - PRESS RELEASE 



No 112:
Monday, March 27, 2000

Hitchcock v TCN Channel Nine 
Court of Appeal gives wide injunction as Channel Nine tosses in the towel on "nanny" interview - FINAL ORDERS

Injunction application -  Baby Pratt nanny interview bounced from court to court - STORY 

Harris v Presnell 
Arthur Harris awarded $84,000 in "buffoon" case - STORY 

Sartor v Fairfax 
Sydney Lord Mayor gets $25,000 plus costs in settlement of sexual harassment defamation - STORY 

Ryan v Nationwide News 
$425,000-a-year Police Commissioner settles with 'Telegraph' over "gravy train" articles - STORY 

Kermode v Fairfax 
Multi-hatted taxi industry figure settles with 'Sun-Herald' over article by Alex Mitchell - STORY 

Debreczeni v Jones and 2UE 
Real estate agent too tardy in action again Jones. Case tossed out - STORY 

Preliminary hearings 
The referee, the poker-machine king, the brothel creeper, the wife and the footballer - STORY 

Section 7A 
Updated table: Lawson v Hadley - STORY 



No. 111
Thursday, March 2, 2000

Sydney's season of Section 7A defamation trials is off to a flying start. Defendants out in front - OVERVIEW 

JONES v JOHN FAIRFAX PUBLICATIONS Pty Ltd 
Alan Jones claims victory, but struggle not over yet in fight with 'Sydney Morning Herald' - STORY 

KARANDONIS v RANDOM HOUSE AUSTRALIA 
No score for manager of gay footballer - STORY 

GLASSOP V JOHN FAIRFAX PUBLICATIONS Pty Ltd 
"I'm not greedy," says suing rock star's mum - STORY 

MURPHY v NATIONWIDE NEWS Pty Ltd 
Beware inverted commas on words like "celebrity" - STORY 

ISON v JOHN FAIRFAX PUBLICATIONS Pty Ltd 
The drug squad at Gosford ... associations with prostitutes and cocaine. NSW Police Royal Commission fallout - STORY 

HALBISH v JOHN FAIRFAX PUBLICATIONS Pty Ltd 
Learned author of 'Defamation Law and Practice' over steps the line in address to jury - STORY 

WATERHOUSE v HERALD and WEEKLY TIMES 
'Sunday Herald Sun' whipped by racehorse trainer on "sacrificed jockey" claim - STORY 

LAUER V JOHN FAIRFAX PUBLICATIONS Pty Ltd;   
LAUER V STURGESS 
The last of the thin blue line police commissioners... successful with all five imputations - STORY 

WALSH v NETWORK TEN 
Timber worker felled over TV report of his murder trial - STORY 

LIU v JOHN FAIRFAX PUBLICATIONS Pty Ltd 
"Human flesh" merchant more than half successful this time - STORY
 



No. 110 
Thursday, February 10, 2000 

PACKER FURY AT GRANNY'S CHEEK 
Kerry Packer and companies sue 'Sydney Morning Herald' and Fred Hilmer in four separate actions filed in Canberra - STORY 
 

SECTION 7A TRIALS IN NSW
'The Age' victorious in "human flesh" case - Sunny Liu v David Syme & Co   

Bad week for Nationwide News Pty Ltd in the NSW Supreme Court 
• Piers Akerman defames Greens politician - Cohen v Nationwide News 

• Parramatta 'Advertiser' defames Deputy Mayor - Le Lam v Nationwide News 

• Prison officer get all five imputations up against 'The Australian' - Woodham v Nationwide News 
 

SETTLEMENTS 
• Jones and 2UE pay out $50,000 to Rugby Union boss - STORY 

• "Vulture" lawyer case over - STORY
 



No. 109.  
Thursday, February 3, 2000 

Marsden v Channel Seven 
 Fight over pseudonyms for truth witnesses 
NSW Court of Appeal says that because Channel Seven was slow off the mark,  then it'll be slow off the mark too - no expedition to hear defence application for witness anonymity - STORY
 



No. 108 
Wednesday, February 2, 2000

Settlements abound as trial dates loom - STORY