News stories 2004
No 161
December 21, 2004
Robin Bass v TCN Channel Nine Pty Ltd
December 21, 2004
"Shonky" building industry operator finally fails at jury trial on whether malice infected a 60 Minutes interview by Mike Munro 14 years ago. More...
Erglis v Buckley (No 2)
December 17, 2004
After a four week defamation trial, a Brisbane jury awards "whistleblower" nurse $15,000. Scope of parliamentary privilege still to be determined. More...
Thompson v Robinson
December 15, 2004
"Sugar" Ray Robinson ordered to pay damages of $70,000 over his accusation that the husband of an ATSIC commissioner "had done 10 years for rape". More...
Myer Berg v Channel Seven
December 16, 2004
Fisherman defamed by Today Tonight story on fraudulent compensation claims. Section 7A trial. More...
Saunders v Nationwide News Pty Ltd
December 10, 2004
Nine-year-old Aboriginal plaintiff fails in action against The Daily Telegraph over Taree petrol sniffing story. Section 7A trial. More...
Gorman v Barber
December 7, 2004
Perversity appeal upheld for the first time since the High Court's decision in Rivkin. NSW Court of Appeal does not send the imputation back for a new jury trial but directs judgment fo the plaintiff. More...
Australian Broadcasting Corporation v Reading
November 30, 2004
Court of Appeal restores jury verdict in favour of ABC. Justice Shaw erred in discharging jury and ordering a new s.7A trial in relation to Four Corners' program. Jury has to undertake an "impressionistic exercise" and Justice McColl says in considering perversity there should be appellate restraint, as jurors are the arbiters of community standards. More...
No. 160
November 20, 2004
Model Defamation Provisions
November 5, 2004
Commonwealth's plan to go it alone propels the States and Territories to settle their differences and come up with new Model Defamation Provisions, which includes: removal of the right of most corporations to sue; defence of truth alone; a list of factors that go to "reasonableness' in qualified privilege; indemnity costs if defendants unreasonably fail to settle; an end to split trials in NSW; judges to decide damages; general compensatory damages to be capped at $250,000; limitation period of one year (extendable to three); no provision for correction orders or other non-monetary remedies; and no suing from the grave. More...
Attorney General Ruddock's critical response to the latest uniform proposals. More...
Duncan v Allen & Unwin
November 18, 2004
Barrister tries to stop book by Dr Ingrid Van Beek about the medically supervised injecting room at Kings Cross. Injunction inappropriate to restrain a matter of public interest. More...
Griffith v John Fairfax Publications Pty Ltd
November 6, 2004
"Prophet" and followers succeed in overturning Justice Levine's rejection of "destructive cult" imputations pleaded against CultAware newsletter. More...
William El Azzi v Nationwide News Pty Ltd
November 18, 2004
Spigelman CJ puts off for another day the vexed issue of admissibility of post-publication evidence of a plaintiff's bad reputation. The trial cannot be further delayed. The desire for perfect justice needs to be modified to ensure any measure of justice. More...
William El Azzi v Nationwide News Pty Ltd
November 1, 2004
In one of the last full-jury defamation trials in NSW extensive "bad reputation" evidence did not prevent a jailed ex-copper being awarded damages of $5,000 for an old Telegraph Mirror article by Miranda Devine. More...
John Fairfax Publications Pty Ltd v District Court of NSW
November 5, 2004
Jurors should not be regarded as exceptionally fragile and prone to prejudice. Court of Appeal takes a firm hand with trial judges who coddle juries. A resounding win for open justice. More...
Millane & Ors v Nationwide News Pty Ltd t/a Cumberland Newspaper Group
November 3, 2004
Rare triumph of truth, s.22 qualified privilege and comment of a stranger all succeeding to defeat action by real estate agents against The Mosman Daily. Calderbank offer declined by plaintiffs but application by newspaper for indemnity costs rejected. More...
Richard Sleeman v Nationwide News Pty Ltd
October 29, 2004
After lengthy consideration Justice Levine decides The Australian has failed to justify Amanda Meade's attack on "dishonest" journalist's article about Ian Thorpe in Good Weekend. More...
Ron Woodham v John Fairfax Publications Pty Ltd
November 20, 2004
Former NSW prisons commissioner succeeds with half his imputations in action over Walkley winning article by Greg Bearup in Good Weekend. Section 7A trial. More...
Cross v Queensland Newspapers Ltd
November 8, 2004
Real estate promoter defamed over "rip-off" claim in The Courier-Mail. Section 7A trial. More...
John Fairfax Publications Pty Ltd v Patricia June O'Shane
October 1, 2004
Lange qualified privilege should extend to defamed judicial officers, urges Fairfax in appeal against outcome of Pat O'Shane trial. O'Shane says this would be a "licence for irresponsible journalism". More...
Kannegieter v Hair Testing Laboratory Pty Ltd
September 30, 2004
Whitlam J in Federal Court awards damages of $125,000 for misleading and deseptive conduct and defamation arising from claims in horse magazines attributed to a veterinary surgeon. More...
No. 159
September 29, 2004
Lightweight ... Worth supporting ... Misplaced ... Laudable ... Relief for the media ... Complex ... Refreshing
Seven exponents of the art of defamation law give their varied opinions on both the Commonwealth's and the States' law reform proposals: Peter Applegarth SC, Peter Bartlett, Tom Blackburn SC, Richard Coleman, Clive Evatt, Judge J.C. Gibson and Justice David Levine.
Meanwhile, Attorney General Ruddock says he will legislate to cover as much of the defamation field as possible if a Howard government is re-elected. The shadow Attorney General Nicola Roxon says a Labor government would leave it to the States and Territories to arrive at "consistency". More...
No. 158
August 31, 2004
Section 7A trials
Byron Bay property developer succeeds with imputations that he is a bully and a thug. Defamation by Greens MP arising from secretly taped public meetings to raise funds to defend other defamation proceeds brought by the same developer
August 31, 2004
Bennette v Cohen
Juries insist the NSW Court of Appeal is perverse. Unhygenic turkey farmer and political insider, John Harvey, fails again on his remaining imputation after appeal judges sent it back for another s.7A trial
August 20, 2004
John Harvey v John Fairfax Publications Pty Ltd
Skydiver on disability pension defamed in "malingerer" spray from Ray Hadley on 2GB
August 20, 2004
Arthur Dent v Macquarie Radio Network Pty Ltd
Suppression aplenty
Newspapers improve procedures to guard against breaching suppression orders, yet the courts have an uneven, and often outmoded, system of notifing these orders
August 23, 2004
Registrar of the Supreme Court of South Australia v Nationwide News Pty Ltd, The Age Co Ltd and The Herald & Weekly Times Ltd
Magistrate's suppression of the DPP's opening address in the Bradley John Murdoch committal was valid. However, the suppression of photos of Murdoch was made without jurisdiction
August 25, 2004
Nine Network Pty Ltd v Alasdair McGregor
Media commentary about Carl Williams and his family not likely to prejudice their imminent trials. Justice Cummins extols the robustness of the jury
August 4, 2004
DPP v Carl Williams & Ors
Plus, the Trish Draper suppression ... and the Terrence Hodson suppression [as previously reported]
Damages
Fall out among Bangladeshis over death of relative resulted in two defamatory letters to the Medical Practitioners Board. Loss of face, gossip, the grapevine effect and the lurking place all helped to push damages in the County Court to $105,000
August 27, 2004
Mohammad Abdul Awal v Mahammad Abdur Rouf
Costs
No indemnity costs for Fairfax arising from verdict in its favour in Rivkin case. Apparently this was because Rivkin was unwell, not because he had no prospects of success
July 30, 2004
Rivkin v John Fairfax Publications Pty Ltd
Absolute privilege
Now that the application to strike out the action on grounds of absolute privilege has failed, Len Ainsworth's case may be the last of the grand old full jury defamation trials in NSW
August 2, 2004
Ainsworth v Burden
No. 157
July 20, 2004
Abe Saffron tossed out by Court of Appeal ... Latest settlements ... Pavy doesn't give up ... Contempt proceedings in Melbourne ... Justice McHugh in Florence on privacy ... Ruddock starts setting the ground for Commonwealth defamation law
July 20, 2004
Dossier
It took Justice Whitlam sitting in the ACT Supreme Court over a year to come up with less than four pages of reasoning for two of the defamation cases against The Sydney Morning Herald brought by the Packer stable
July 1, 2004
Packer wins one ($100,000) and loses one
Republication made under parliamentary privilege can go to damages in defamation case against other parties. Privilege of parliament not impugned says Queensland Court of Appeal
July 20, 2004
Erglis v Buckley
Former NSW Labor backbencher Peter Nagle awarded $90,000 damages as The Sun-Herald's main witness in corruption allegation found to be without credit
June 29, 2004
Nagle v John Fairfax Publications Pty Ltd
Footballer Mark McGaw (aka "Sparkles") succeeds with two imputations before a section 7A jury in an action against Today Tonight
July 7, 2004
Mark McGaw v Channel Seven Sydney Pty Ltd
The fact that proceedings were likely to be lengthy, complex and acrimonious did not mean that a jury should not sit as the tribunal of fact in a section 7A trial
July 9, 2004
SMEC Holdings Ltd v Boniface
Prophet fails to add "deceit" to his defamation case against Four Corners, but succeeds with inclusion of "injurious falsehood"
July 9, 2004
Griffith and Macartney-Snape v Australian Broadcasting Corporation and Millikan
Judge J.C. Gibson adopted a one dimensional approach to the matter complained of, substituted her own view for that reasonably open to the jury and applied the wrong test to the facts. NSW Court of Appeal restores "perverse" jury verdict
July 6, 2004
Sonda v Signorelli
More particulars required about the defendant's role in publication of material on the internet
July 2, 2004
Ezzo v Grille
Pavy fails in perversity and "try on" arguments before NSW Court of Appeal. Fairfax prevails after three trials and two appeals.
June 28, 2004
Pavy v John Fairfax Publications Pty Ltd
Justice Nicholas awards damages of $75,000 to former associate of Karl Suleman. The Daily Telegraph offers no defence
June 29, 2004
Jamoo v Nationwide News Pty Ltd
The balance of convenience overwhelmingly favoured publication of the Trish Draper story. Acting Chief Judge of the SA District Court got the injunction and the suppression wrong
July 7, 2004
Channel Seven Adelaide Pty Ltd v Draper
A prima donna celebrity against a celebrity-exploiting tabloid. Each in their time has profited from the other. This time it's Naomi's turn
July 6, 2004
Naomi Campbell v Mirror Group Newspapers
No. 156
May 28, 2004
Grief for Andrew Bolt as Gummow and Hayne JJ dismiss Herald & Weekly Times' application, with costs, for special leave to appeal in the Popovic case. Lange not yet ripe for rehearing. In fact, Gummow told Alan Archibald QC, for HWT, that even if special leave were granted the eventual outcome may be to constitutionalise something not to the media's liking. The two judges conferred for 20 minutes before rejecting the application.
May 28, 2004
Transcript
Here is a report of the expedition hearing in Popovic, heard in chambers before Hayne in March. It sets out the issues and what HWT thought the High Court needed to decide.
May 27, 2004
Herald & Weekly Times Ltd and Bolt v Popovic
Magistrate applied the wrong test in suppressing the name of a murdered police informer. Justice Whelan in the Victorian Supreme Court quashes suppression order
May 26, 2004
Herald and Weekly Times & Ors v Magistrates' Court of Victoria and Ors
Perversity appeal turned down. Open for a jury to reject union's interpretation of Piers Akerman's Daily Telegraph column
May 25, 2004
Maitland & CFMEU v Nationwide News Pty Ltd
Review by NSW Court of Appeal of all reasons given by judges who have discharged s.7A juries. Decision reserved in Pavy "try on" appeal
May 28, 2004
Pavy v John Fairfax Publications Pty Ltd
Fairfax challenges power of District Court to suppress publication of a guilty verdict where a second trial of the same accused is pending
May 25, 2004
John Fairfax Publications Pty Ltd v District Court of NSW
No. 155
May 17, 2004
After a five year defamation battle against The Sydney Morning Herald and The Australian Financial Review, Rene Rivkin has consented to judgment being entered for John Fairfax Publications. Last September the High Court limited a section 7A retrial to five of his original 17 imputations, all of which had been rejected by a jury in April 2001. A hearing as to costs has been stood over till next month
May 17, 2004
See reports of High Court decision, Court of Appeal findings, jury trial and matters complained of
"Just an honest hardworking politician." Former State MP Peter Nagle's corruption defamation case in the District Court against The Sun-Herald
May 13, 2004
Peter Richard Nagle v John Fairfax Publications Pty Ltd
Evidence of Kristine Frost, main defence witness in Nagle case
According to Justice Bernard Bongiorno, the High Court's decision on qualified privilege in Bashford requires a "narrow focus both as to subject matter and audience". Joe Gutnick has Dow Jones' defences struck out.
May 6, 2004
Gutnick v Dow Jones & Co Inc (No 4)
In the first perversity appeal since the High Court decision in Rivkin, Justice Ruth McColl goes through Dr Roy Beran's imputations one by one and finds that it was reasonably open to the jury to reject his case against The Sydney Morning Herald
April 30, 2004
Beran v John Fairfax Publications Pty Ltd
Two-thirds of Griffith cult imputations against Fairfax and Dr Millikan struck out in capacity hearing
May 4, 2004
Griffith & Ors v John Fairfax Publications Pty Ltd & Ors
Trade union action against The Sydney Morning Herald struck out after failure to plead special damage
April 26, 2004
DEPA v John Fairfax Publications Pty Ltd
"Technical infelicities of expression" and factual inaccuracies in her attack on magistrate Pat O'Shane defeat Janet Albrechtsen's defence of comment
April 2, 2004
O'Shane v John Fairfax Publications Pty Ltd
No. 154
March 10, 2004
NSW Court of Appeal orders retrial of rape case on the basis of "unsubstantiated speculation" about media prejudice ... Not much movement on WA's defamation law reform proposals ... Barrister Bryson drops his case against 2GB ... Record settlement against The Age in the Top End
March 10, 2004
Dossier
Justice McHugh digs in against High Court revisionism on common law qualified privilege
February 19, 2004
Bashford v Information Australia Pty Ltd
Paul Toohey's conviction for covering an Aboriginal funeral overturned. NT appeal court weighs the public's right to know and the "compelling" reasons behind coverage of the story
March 5, 2004
Toohey v Peach
NSW Court of Appeal moans about arcane defamation complications and deplorable delays as defendant's defences are restored in Ainsworth case
March 2, 2004
Burden v Ainsworth
Parliamentary privilege prevents pleading of further damage arising from defamatory letter republished in parliament
February 29, 2004
Erglis v Buckley
Damages of $233,000 awarded to Clayton Utz partner over e-mail defamation. Dispute about who should pay for a gift to "Mrs Turnbull"
March 3, 2004
Markovic v White
In special circumstances a young sexual assault victim can be identified by the media
March 8, 2004
In the matter of the Evidence Act (Tas) and an application by the ABC and The Mercury
Section 7A
Strathfield Council and mayor brought on defamatory Today Tonight story about a building bungle
March 3, 2004
Dix Gardner Pty Ltd & Ors v Strathfield Municipal Council & Ors
Olympic swimming
coach Greg Hodge gets up three imputations from A Current Affair's Emma Fuller
story: pervert, physical contact of a sexual nature and unfit to hold
his position
March 3, 2004
Hodge v
TCN Channel Nine Pty Ltd