No 134
December 10, 2001
Unauthorised photograph
of nude Queensland woman attracts $70,000 damages from former boyfriend
and girlie rag, The Picture 10/12/01
SHEPHERD
v WALSH
NRMA loses struggle
to suppress board discussions. Confidential information about deliberations
on Nicholas Whitlam (left) found to be in the public interest 10/12/01
NRMA
v Geeson & ors
South Australia's
Payola Bill seeks to stamp out cash-for-comment by turning journalists
and entertainers into "fiduciaries" and flinging them in jail for "unlawful
bias" 05/12/01
REPORT
The High Court has
delivered an eclectic range of thoughts on the media using material obtained
illegally by outside sources. The judges traverse the territory of injunctions,
the Constitutional implication of freedom of communication and privacy.
Gleeson, Gummow and Hayne deliver solid reasons, Kirby is idiosyncratic,
while Callinan (right) is the odd person out, with a long dissertation
about the evils of the modern media 04/12/01
LENAH
GAME MEATS PTY LTD V ABC
CAPACITY
Levine sends to
jury seven out of eight imputations arising from "spunkbubbles" photos
11/12/01
Obermann
v ACP Publishing Pty Ltd
SECTION 7A
Ex-Labor MP gets
up a single imputation on second try 12/12/01
Nagle
v John Fairfax Publications Pty Ltd
Letter to local paper
on bus ticket drama fails to excite jury 12/12/01
Dorahy
v Westbus Pty Ltd & Hind
No. 133
Tuesday, November
13, 2001
Section
7A
"Wiggles" movie
promoter upset over "noir" allegations in The Sydney Morning Herald
Movieco
Australia Ltd and Benjamin v John Fairfax Publications Pty Ltd
Rivkin succeeds in
"dishonesty" imputations against The Australian. It is the stockbroker's
third s.7A trial this year
Rivkin
v Nationwide News Pty Ltd
Victorian
litigation
A richly textured
Victorian case in which The Sydney Morning Herald and journalist
Ben Hills fight against suppression orders affecting other parties in separate
litigation
Sent
v John Fairfax Publications Pty Ltd
Damages
Appeal court finds
that counsel's "lacerating" cross examination aggravated the plaintiff's
damages
Harbour
Radio Pty Ltd and Ron Casey v John Tingle
$90,000 to rugby league referee defamed
by Alan Jones. Acting Justice Mathews not too keen on the High Court's
prescription for reasonableness
Harrigan
v Jones
Pleadings
How much does Fred know? Packer fails
to get Fairfax CEO, Fred Hilmer, to answer interrogatories concerning his
editorial role at The Sydney Morning Herald
ACP
Publishing Pty Ltd v John Fairfax Publications Pty Ltd and Fred Hilmer
Defamation
news from Western Australia
Polly Peck defence
reaffirmed
Moir
v Flint and Nationwide News Pty Ltd
Presumption of innocence.
Imputation that the plaintiff is guilty of an offence
West
Australian Newspapers Ltd v Shave
Racial
discrimination
The Cairns Post
behaved offensively in publishing a photo of an Aboriginal woman in a bush
home. However, it was not in breach of the Racial Discrimination Act
Creek
v Cairns Post Pty Ltd
No. 132
Wednesday, September
19, 2001
EXCLUSIVE REPORT
ON s.7A
The Gazette of Law
and Journalism's latest table of defamation trials conducted under section
7A of the Defamation Act, NSW.
The winners and losers
at the s.7A trough. How the plaintiffs, the media defendants and counsel
all fare at this bizarre little circus.
ANALYSIS
We bring you the
imputations pleaded, the matters complained of and the outcomes of each
s.7A trial.
SECTION
7A TABLE
No. 131
Monday, August 13,
2001
At last! The only
comprehensive case note on the judgment in the massive Marsden defamation
case. Justice Levine on justification, qualified privilege and damages.
Channel 7 wants a stay pending an appeal.
Marsden
v Amalgamated Television Services Pty Ltd
ABC appeals record
jury verdict in Victoria for Olympian Ron Clarke. The ABC's
7.30 Reportdefamed
the former middle distance runner and his company over a story about the
development of a "Sports Super Centre" on a "toxic waste dump". Plenty
of politicians and environmental experts were interviewed on the program,
but the jury didn't think it amounted to a discussion of governmental or
political matters.
Clarke
and Runaway Bay Pty Ltd v ABC and Morris
No. 130
Wednesday, June
20, 2001
Significant "open
justice" victory for the media in the One.Tel case. The NSW Supreme Court
spells out its reasons for releasing the explosive affidavits of Lachlan
Murdoch and others
ASIC
v John David Rich and ors
It was a packed house
in the Supreme Court of Victoria when ex-pat silk Geoffrey Robertson jousted
with Jeff Sher in the Gutnick defamation case. Gutnick claims to have been
defamed by a publication on the web site of Barron's magazine. The
web server is located in New Jersey. Should the trial be held under the
law of New Jersey or Victoria? That is the principal issue to be determined
by Justice Hedigan. Read the full four-day transcript
Gutnick
v Dow Jones Corporation, Inc
Does posing for a
photograph imply authorisation of its publication? Not in this case
Moubarak
v Nationwide News Pty Ltd
The capacity of a
white wedding to convey myriad meanings as to commitment, devotion and
responsibility
Mirny
v Network Ten Pty Ltd
No. 129
Friday, June 1,
2001
A bare imputation
of homosexuality is not defamatory, according to Justice Virginia Bell
(right) of the NSW Supreme Court. Context is everything when it comes to
allegations of a sexual nature.
Rivkin
v Amalgamated Television Services Pty Ltd
The NSW Court of
Appeal confirms that identification of a plaintiff in defamation is an
issue for the jury, not the judge. Also the appeal judges overturn a jury
finding that an imputation was not defamatory. Perversity was at play.
Cinivest
Ltd v Yirandi Productions Ltd
Defamatory material
cannot be sued on where it is published to an employee who is a representative
of the defamed company. "Publication" defined.
State
Bank of NSW Ltd v Currabubula Holdings Pty Ltd
THE GIDDY WORLD
OF POLLY PECK
The Supreme Court
of Western Australia upheld the Polly Peck defence on the very day that
the Queensland Court of Appeal sunk it.
Reynolds
v Nationwide News Pty Ltd (WA)
Robinson
v Laws (Qld)
No. 128
Monday, May 28,
2001
Celebrity stockbroker Rene Rivkin successful
in only one imputation arising from the Witness program: that he
engaged in homosexual intercourse with his chauffeur Gordon Wood. By a
majority verdict everything else failed. Full report plus transcript of
the broadcast.
Rivkin
v Amalgameted Television Services Pty Ltd
No. 127
Monday, April 23,
2001
Jury throws out all
of Rene Rivkin's 17 imputations in shock s.7A outcome
Rivkin
v Fairfax
Justice Levine can't
finish the Marsden judgment by the end of this month.
Reasons
No. 126.
Wednesday, April
4, 2001
CONSTITUTIONAL
FREEDOM TO COMMUNICATE
The High Court explores
whether an injunction preventing broadcast must be grounded in defamation
or breach of confidence. Is unconscionable conduct sufficient? And what
of the public interest in exposing the grim world of possum processing?
ABC
v Lenah Game Meats Pty Ltd
High Court asked
to consider malice and its impact on the constitutional freedom to communicate
on political or governmental issues. When does a campaign to unseat an
MP become an "improper purpose"?
Roberts
and Case v Bass
NEWSPAPER RULE
Labor Member of NSW
Parliament fails to get 'Sun-Herald' sources over corruption allegations.
Cojuangco distinguished, but implications of Lange decision left hanging
in the wind
Nagle
v Chulov, West and John Fairfax Publications Pty Ltd
CAPACITY
The shadow of 'suspicion'
is explored by Justice Levine. He also flays the modern pleader, again,
for lack of precision and a preoccupation with technical form over meaning
Rakhimov
v Andrew Jennings/ABC/Fairfax/Simon & Schuster
"Jailbird" goes while
"stir" stays in action brought by former inmate of stir over cheeky items
in 'The Sydney Morning Herald's' CBD column
Byrnes
v John Fairfax Publications Pty Ltd
No. 125.
Wednesday, January
31, 2001
'Four Corners' closed
its program about Kerry Packer with Bing Crosby's words, "Straight Down
the Middle". That's how the jury was also instructed how to play it
Packer
v ABC, Neighbour, Maley and Budd
'Daily Telegraph'
report on retrial of a murder case mentioned the earlier conviction.
Jury
dismissed, trial aborted
No. 124
Wednesday, January
24, 2001
Deputy Police Commissioner
Jarratt gets his "corruption" imputations up against 'The Sydney Morning
Herald'
Jarratt
v John Fairfax Publications Pty Ltd
Real estate developer
"of Egyptian origin" takes an unsuccessful swipe at lawyers over letter
- STORY
Elkateb
v Lawindi
Puzzling jury decision
on sex-change surgeon's imputations arising from school essay
Haertsch
v Andrews
Psychiatrist's patient
shown on video not identified, says jury. Appeal to come
Dojas
v TCN Channel Nine Pty Ltd
Ainsworth aced as
NSW District Court strikes out another slow coach defamation plaintiff
Ainsworth
v State of NSW
NSW jury decisions
on defamation imputations for 2000
Section
7A table
