News stories 2007 Channel Seven Adelaide Pty Ltd v Manock December 21, 2007 Graham Hryce regrets the further whittling of the defence of fair comment by the High Court. The "right of cranks" to speak about unpopular causes has been significantly undermined as the defence can now only succeed where the comment is "reasonable". More... Channel Seven Adelaide Pty Ltd v Manock December 20, 2007 Richard Potter comments on the High Court's latest foray into comment. It would be an irony if the "honest opinion" provisions of the uniform Defamation Act achieve in practice what the minority judges (Kirby in Manock and McHugh in Pervan) argued as being the real effect of the common law. More... Dossier November 18, 2007 News round-up. More... Mamdouh Habib v Nationwide News Pty Ltd December 10, 2007 The Australian Federal Police officer who interviewed Mamdouh Habib for four-and-a-half hours at Guantanamo Bay says the terrorist suspect may have been interviewed for another 13 hours by ASIO on the same day. More... Stephen Collins December 7, 2007 Stephen Collins, the ABC's departing general counsel, gives a video interview to the Gazette of Law & Journalism. He talks about his most difficult and his most rewarding cases; his regret at the passing of s.7A trials; his scepticism about aspects of the uniform Defamation Act; the state of free speech in Australia; and his future as he heads to London and Channel 4. More... Mamdouh Habib v Nationwide News Pty Ltd December 4, 2007 The trial continues as former Sydney taxi driver and Muslim convert Ibrahim Fraser says Mamdouh Habib told him he met Osama Bin Laden in Afghanistan in 2001 while "weapons training". Habib's barrister Clive Evatt brands him an "ASIO informant" who'll say anything. More... Mamdouh Habib v Nationwide News Pty Ltd December 3, 2007 A spooky atmosphere pervades court 10A as ASIO agents (current and former) testify incognito on behalf of Nationwide News in Mamdouh Habib's action against The Daily Telegraph. Habib's barrister, Clive Evatt, accuses the security organisation of doctoring documents. More... Mamdouh Habib v Nationwide News Pty Ltd November 28, 2007 The trial of Mamdouh Habib's action against The Daily Telegraph hears vivid testimony about his treatment while being held in Pakistan, Egypt and Guantanamo Bay. Nationwide News is pleading truth to a Piers Akerman piece which said Habib lied about being tortured. More... Gregory Frawley v State of New South Wales November 27, 2008 Section 7A. A NSW Supreme Court jury finds the State of NSW did not publish, i.e. "consent to, approve, adopt, promote or ratify" a website which alleged a Hurlstone Agricultural High teacher was a child molester. More... Jamie Fawcett v John Fairfax Publications & Annette Sharp November 20, 2007 Fourth report of trial - in which the oily underbelly of "celebrity photo-journalism" comes under scrutiny in the NSW Supreme Court as paparazzo Jamie Fawcett explains the limits of a celebrity's right to privacy and how his DNA might have got onto a listening device found outside Nicole Kidman's home. More... Jamie Fawcett v John Fairfax Publications & Annette Sharp November 19, 2007 Third report of trial. Nicole Kidman braves a paparazzi pack to give evidence against one of theirs, the so-called "Prince", Jamie Fawcett. The closely guarded actress told Justice Carolyn Simpson she was "tearful, distressed and really frightened" after she was pursued by Fawcett in January 2005 while being driven to her parents' Greenwich home. More... Jamie Fawcett v John Fairfax Publications & Annette Sharp November 14, 2007 Justice Carolyn Simpson hears colourful evidence - a good deal of it on voir dire - about "celebrity photojournalist" Jamie Fawcett's interest in listening devices, his "dangerous" pursuit of Nicole Kidman in a black Jeep Cherokee and his punch-up with another photographer he allegedly called a "Kaffir cunt". More...  Jamie Fawcett v John Fairfax Publications & Annette Sharp November 12, 2007 The second leg of paparazzo Jamie Fawcett's defamation action against Fairfax's Sun-Herald and gossip columnist Annette Sharp hears that Nicole Kidman will be interposed as a star witness for the defence. Justice Simpson declines to hear her evidence via video link from Fox Studios despite the urging of Bret Walker SC. More... John Fairfax Publications Pty Ltd v Shari-Lee Hitchcock November 1, 2007 The NSW Court of Appeal interrogates notions of celebrity, privacy and the public interest as Fairfax appeals Justice Henric Nicholas' decision to strike out all its defences over a Sun-Herald gossip column about Dick Pratt's former mistress, Shari-Lea Hitchcock. More... Coull v Nationwide News Pty Ltd November 9, 2007 Murdoch's NT newspapers ordered to pay $12,000 damages over a court report of an assault case. Northern Territory Supreme Court finds it wasn't fair and accurate. More... Paul Gibson v Nationwide News Pty Ltd October 31, 2007 The NSW Court of Appeal follows Justice Ruth McColl's "formulation" in relation to unreasonable jury verdicts and dismisses Labor MP Paul Gibson's appeal. It's up to the jury, except when appeal judges think otherwise. More...  Dossier October 30, 2007 NSW Supreme Court flags that there should be two trials for cases brought under the uniform Defamation Act - one for meanings, another for defences ... A Current Affair settles big blooper for $200,000 plus costs ... Uncertainty as to identity of plaintiff in action against 7.30 Report ... The state of Sydney's junior defamation bar following a boom time for silk promotions ... Qualified privilege defence reheard in Byron Shire Echo case. More... Abdul Salam Mohammed Zoud v Nationwide News Pty Ltd & Richard Kerbaj October 17, 2007 Section 7A. Another of The Australian's investigations into home-grown terrorism is found to be defamatory. This time the target was Lakemba-based sheik, Abdul Salam Mohammed Zoud. More... Dossier October 16, 2007 MacBank "Mine Shaft" defamation case against The Australian winds-up ... ABC pleads guilty in Victoria to three charges of contempt ... DPP not quite ready for contempt hearing against Liz Sexton and The Sydney Morning Herald ... Ex-MP Peter Breen sues over Shorty Jamieson "love" story. More... State of Western Australia v Paul Armstrong & West Australian Newspapers Ltd October 9, 2007 The WA Court of Appeal has dismissed contempt proceedings against The West Australian and its editor Paul Armstrong over a letter to the editor. The letter had no tendency to prejudice a fair trial and the DPP provided insufficient evidence. Trial judge was too trigger happy in discharging the jury. More... Macquarie Radio Network Pty Ltd v Arthur Dent October 10, 2007 The NSW Court of Appeal finds that when 2GB jock Ray Hadley made defamatory remarks based upon an article in The Sydney Morning Herald, he was not making a fair summary of a protected report. Arthur Dent's $65,000 damages award stands, despite a partial victory for comment. More... MLRC Conference, London October 5, 2006 Some 190 media lawyers from the US, UK, Australia, Asia and Europe, gathered for two days of intense discussion and debate at London's historic Stationers' Hall, as part of the Media Law Resource Centre's annual conference. Topics ranged from privacy to protection of sources and the high price of the freedom of the press. More… Dossier October 2, 2007 Seven settles with Sparkles McGaw ... TPA case against Dennis O'Rourke dropped ... Fairfax contempt hearing over Selim report ... New media conference at UNSW. More... Gacic v John Fairfax Publications Pty Ltd October 2, 2007 Former owners of Coco Roco were given two imputations courtesy of the Court of Appeal and the High Court. Now a new jury has granted them a third over that scathing Sydney Morning Herald restaurant review. More... Rohan Malcolm v Nationwide News Pty Ltd October 3, 2007 NSW Court of Appeal unanimously overturns Justice Caroline Simpson's finding that a Daily Telegraph story imputed mere suspicion, and not guilt, in relation to the abduction and indecent assault of a seven year-old boy. More... Browne v Associated Newspapers Ltd September 30, 2007 Privacy. Gay chief executive failed in his attempt to prevent The Mail on Sunday from publishing details of his private life. The House of Lords refused an appeal by BP boss Lord Browne of Madingley, finding that his relationship with a Canadian man was "generally accessible". More... Channel Seven Adelaide Pty Ltd v Manock September 12, 2007 The High Court hears another "ferocious interlocutory battle", this time over fair comment. Was the South Australian Court of Appeal misguided in connecting the substratum of fact to the imputation pleaded? More... Dossier September 4, 2007 David Salter on the Media We Deserve ... Geoffrey Robertson QC at the free speech dinner on how England has outpaced Australia on defamation law reform ... Dilemma for imputation retrials: should the new jury obey the Court of Appeal or think for itself? More... Paul Gibson v Nationwide News Pty Ltd September 3, 2007 Paul Gibson, the Labor member for Blacktown, appeals a section 7A jury verdict which tossed out every imputation he pleaded over a series of Daily Telegraph articles, including one that he is "a rorter". More... Dennis O'Rourke v Stephen Hagan and Nationwide News Pty Ltd September 3, 2007 Documentary filmmaker Dennis O'Rourke succeeds in his defamation action against an ATSIC regional councillor and Nationwide News. ACT Supreme Court Justice Ken Crispin awards damages of $204,300. More... Dossier August 27, 2007 Bar's contempt case against The Daily Telegraph delayed till later this year ... Crosby/Texter wants source for leak of confidential Liberal Party poll ... Media Law Resource Centre London conference ... Gacic back for imputation retrial ... Frank Lewincamp's defamation case against The Bulletin kicks off in Canberra ... Appeals from 2UE in "ankles" case and Jerry Lee Bennette in Ian Cohen case. More... Zia Qureshi v John Fairfax Publications Pty Ltd August 22, 2007 Section 7A. Despite forceful directions from Justice Michael Adams, a NSW Supreme Court jury remained deadlocked on 14 out of 19 imputations pleaded against The Australian Financial Review by former high-flying business consultant Zia Qureshi. He gets just one imputation up. More... Channel Seven Perth Pty Ltd v "S" (A Company) August 22, 2007 Western Australia Court of Appeal upholds decision that prevented Channel Seven from broadcasting a "hidden camera" recording of a private conversation between an employer and an employee. More... Maurice Kriss v John Fairfax Publications Pty Ltd August 17, 2007 Disbarred and re-admitted barrister Maurice Kriss succeeds a second time in his defamation action against The Sydney Morning Herald over a malicious story in the now defunct "Sauce" column. Justice Peter McClellan awards him $90,000 - this time with no suggestion of apprehended bias from the bench. More... Peter Hyer v Cabbie Pty Ltd & Peer Linhholdt August 17, 2008 Justice Barr in the NSW Supreme Court awards taxi industry indentity damages of $107,000 over "little Hitler" defamation in cab-drivers magazine. Qualified privilege defeated by malice. More... Keysar Trad v Harbour Radio Pty Ltd August 2, 2007 Section 7A. Controversial Muslim community spokesman Keysar Trad succeeds against 2GB. Jury finds that a broadcast by talkback host Jason Morrison alleged Trad was a dangerous individual who incited racism and violence in the wake of the Cronulla riots. More... John Fairfax Publications Pty Ltd v Gacic August 1, 2007 Commentary: Graham Hryce argues that the High Court decision in Gacic is a disaster for media defendants. Not only has the power of juries been seriously diminished, the creation of a new category of "business defamation" opens opportunities for business owners to sue on a basis not previously allowed by the common law. More... John Fairfax Publications Pty Ltd v Gacic August 1, 2007 Case Note: Fairfax's restaurant review appeal fails as the High Court affirms the NSW Court of Appeal's power to substitute its own verdict for that of the jury's. More... Winnel v Snow August 3, 2007 Canberra property developer's defamation case is dismissed after Justice Margaret Stone finds a letter to the ACT Minister for Planning was merely part of "a robust political exchange". More... Dossier July 27, 2007 Latest news round-up ... Ray Chesterton takes on John Laws over "Ankles" slur ... Telegraph back in court with Bar Association contempt claim ... New life breathed into Echo QP appeal ... Retired coppers suing ex-MP over "Shorty" Jamieson book ... The confused law of comment. More... Daniel Snedden v Nationwide News Pty Ltd July 20, 2007 NSW Supreme Court jury wrestles with "grisly" imputations pleaded by a former paramilitary officer who The Australian said committed a massacre during the Bosnian conflict. More... Adrian Munn v TCN Channel Nine Pty Ltd July 25, 2007 Wedding video producer Adrian Munn gets all his imputations up against Channel Nine's A Current Affair. However, his company's action against the broadcaster is dismissed after Nine's barrister tells the court it doesn't exist. More... Alan Conwell v John Fairfax Publications Pty Ltd July 25, 2007 Former Qantas security manager Alan Conwell was defamed in two articles by Herald journalist Kate McClymont. More... Jerry Lee Bennette v Ian Cohen July 12, 2007 NSW Supreme Court Justice Ian Harrison finds for the defendant, NSW Greens MP Ian Cohen, in his first defamation judgment since being elevated to the bench. Qualified privilege and comment succeed where truth fails. More... Jeremy Griffith & Tim Macartney-Snape v ABC & Dr David Milliken July 9, 2007 Self-proclaimed prophet Jeremy Griffith's exhaustive and exhausting defamation trial against the ABC and Dr David Millikan comes to a close without the benefit of testimony from its main protagonists. Justice David Kirby foreshadows a long wait until judgment day, More... Jeremy Griffith & Tim Macartney-Snape v ABC & Dr David Milliken July 3, 2007 Justice David Kirby finds that self-proclaimed prophet Jeremy Griffith has no case in injurious falsehood. Meanwhile, Griffith and Tim Macartney Snape's long running defamation action against the ABC and Dr David Millikan crawls to a close - without Griffith having given evidence. More... Matters Complained Of June 18, 2007 Defamation actions and other media law developments from around the globe. More... Habib v Nationwide News Pty Ltd July 6, 2007 The NSW Court of Appeal has rejected an appeal by former Guantanamo Bay detainee Mamdouh Habib over a jury verdict. It found Habib's clinical depression was "largely irrelevant" to the issue to be determined. More... DPP v Corby June 28, 2007 Queensland Court of Appeal freezes payments to the Corby family from Schapelle Corby's book My Story and interviews her sister Mercedes gave to New Idea. The Corbys have missed the June 15 appeal deadline. More... Echo Publications v Tucker & Anor; Fast Buck$ v Tucker & Anor July 13, 2007 NSW Court of Appeal upholds damages against The Echo of $139,329 to Byron Bay businessman and rival publisher Ross Tucker. The media cannot rely on qualified privilege if it publishes an endorsement of the attacked person's response. Limits to the doctrine of response to defamatory attack yet to be clearly established. More... Jerry Lee Benette v Ian Cohen MLC May 28, 2007 A parade of colourful witnesses from Byron Bay has appeared for Greens MP Ian Cohen who is claiming truth for his allegations that property developer Jerry Bennette is a thug, a bully and uses defamation proceedings to stifle public protest. More... NSW Bar Association v Nationwide News Pty Ltd & Others May 24, 2007 The NSW Bar Association's attempt to prosecute Nationwide News for contempt over its coverage of former prosecutor Patrick Power's sentencing has been adjourned. But not before its counsel, Bret Walker, took a huge swing at The Daily Telegraph's role as "self-appointed guardian of the need to prosecute a crime". More... Dossier May 23, 2007 Charlotte Dawson settles with Woman's Day for $225,000 … Fairfax gets leave to appeal against the strike-out of its defences in Shari-Lea Hitchcock case. More... Dossier May 18, 2007 Jones, Packer and Priest settle ... NSW Police Commissioner applying for wider suppression ... New ABC counsel in Griffith case ... ABC to appeal Doe findings ... Polly Peck heads to the High Court ... Convictions upheld for child "divorce" reports. More... Jerry Lee Bennette v Ian Cohen May 16, 2007 Ugly enmities are on display in Court 11E as Byron Bay property developer Jerry Lee Bennette pits his version of the world against that of Greens MP Ian Cohen. On day three both wore green - in Bennette's case a silk tie, in Cohen's an open-necked shirt. More... John Coates v Harbour Radio Pty Ltd & Alan Jones May 4, 2007 The hearing of John Coates' defamation action against Alan Jones and 2GB winds-up with Justice Michael Adams giving full vent to his views on truth, fact, comment, damages and why his findings might be "more than just a verdict". More... John Coates v Harbour Radio Pty Ltd & Alan Jones April 27, 2007 The first week of John Coates' defamation action against Alan Jones and 2GB sees Justice Michael Adams in a lather over the Australian Olympic Committee boss' persistent use of the word "girls". And that's not all. More... Peter Hyer v Cabbie Pty Ltd and Peer Lindholt April 24, 2007 The question of who wants to put whom out of business loomed large in the defamation action brought by Premier Cabs supremo Peter Hyer against his fiercest critic, Peer Lindholt's Cabbie magazine. More... Romzi Ali v Nationwide News Pty Ltd April 25, 2007 Justice Bruce James awards Romzi Ali, the former secretary of the Dee Why mosque, damages of $125,000 after Nationwide News withdrew its defences. Ali sued over three articles in The Australian that accused him of being a supporter of terrorism. More...  Gardener v Nationwide News Pty Ltd May 7, 2007 NSW Court of Appeal finds yet another jury verdict "perverse or irrational". A re-trial is ordered in the case of Rachel Gardener, a convicted bank robber and schoolteacher who sued The Daily Telegraph. More...  Griffith & Macartney-Snape v ABC & Millikan April 13, 2007 Sam Belfield, CEO of the Foundation for Humanity's Adulthood, denies he's been indoctrinated but agrees that what he thought "appalling" before meeting self-proclaimed prophet Jeremy Griffith, he now regards as "appropriate". More... John Fairfax Publications Pty Ltd v Maurice Kriss April 10, 2007 The NSW Court of Appeal orders new trial after finding Justice Michael Adams guilty of ostensible bias. In a crisp 14-page judgment the court found Adams "at an early stage had expressed strong views that could be seen as indicating pre-judgment…" More... Griffith & Macartney-Snape v ABC & Millikan April 5, 2007 Mid-trial the self-proclaimed "prophet" Jeremy Griffith has withdrawn most of his claim in injurious falsehood against the ABC and religious broadcaster Dr David Millikan. Meanwhile his long-running defamation action grinds on. More... Edward Obeid v Australian Broadcasting Corporation April 9, 2007 Judge Judith Gibson takes a leaf from Justice Cliff Hoeben's book and awards former NSW minister Eddie Obeid exactly the same damages awarded against Fairfax. This time it's $150,000 for a broadcast on the Sally Loane Show. More...  Dossier March 26, 2007 Defamation round-up: Matt Mitchell v MAX FM ... Huge ABC payout for Norman Swan story ... Ghosts of the NRMA stirred again by Richard Talbot ... Sunday goes down in s.7A trial ... Sydney Morning Herald settles with the former PM of Bangladesh. More... Burns v Laws April 2,  2007 The NSW Administrative Decisions Tribunal has found that while radio jock John Laws vilified homosexuals in a 2004 broadcast about Queer Eye's Carson Kressley, he did so in "good faith and in the public interest". Gay activist Gary Burns' complaint is dismissed. More... Griffith & Macartney-Snape v ABC & Millikan March 23, 2007 The second leg of Tim Macartney-Snape's defamation action against the ABC intensifies with the Everest mountaineer conceding he expected his reputation to be diminished by his association with self-proclaimed "prophet" Jeremy Griffith. More... Griffith & Macartney-Snape v ABC & Millikan March 16, 2007 Science - good, bad and "respectable" - has come under the microscope in the first few days of author Jeremy Griffith's long-running defamation action against the ABC and religious broadcaster Dr David Millikan. Mountaineer Tim Macartney Snape's reputation is also under scrutiny. More... Brett May v Channel Nine Pty Ltd & ors March 15, 2007 Section 7A. Channel Nine defamed a Bathurst highway patrolman, who was accused by A Current Affair of booking firemen on their way to an emergency. More... Sheehan v Nationwide News Pty Ltd February 19, 2007 A man who claimed $750,000 damages after he slipped on a greasy potato scallop has been entirely successful in the first part of his defamation action against The Daily Telegraph. But not before The Sunday Telegraph's editor Neil Breen excused himself from jury selection. More... Anwar Al Barq v Nationwide News Pty Ltd February 13, 2007 For the second time in a week Nationwide News has been unable to defend allegations against two Muslims that it accused of having terrorist associations. The Daily Telegraph settles with Al Barq just as the s.7A trial was about to commence. More... Peter Mohammed v Channel Seven Sydney Pty Ltd February 12, 2007 Supreme Court jury obeys Justice Michael Adams' "very strong" directions and reverses the "unreasonable" verdict delivered by the first jury. Today Tonight alleged the plaintiff was a "dishonest financial advisor". More... Romzi Ali v Nationwide News Pty Ltd February 12, 2007 The Australian withdraws all its defences after accusing the former secretary of the Dee Why mosque of being a supporter of terrorism. Justice Bruce James to determine the harm done. More... Associated Newspapers Ltd v Prince of Wales February 21, 2007 The Mail on Sunday loses appeal in Prince Charles privacy case involving his personal journals. The English Court of Appeal found that the Prince of Wales' right to privacy clearly outweighed the public interest, notwithstanding his comments about the Chinese. More... Paul Perrett v Newcastle Newspapers Pty Ltd February 5, 2007 "Cancer con man" gets one of three imputations up in his defamation action against Newcastle Newspapers, but not the one that held him responsible for a woman's premature death. More... Shari-Lea Hitchcock v John Fairfax Publications Pty Ltd February 6, 2007 Eastern suburbs party girl and former mistress of cardboard mogul Dick Pratt, Shari-Lea Hitchcock, wins a round against The Sun-Herald as Justice Henric Nicholas finds her social activities are not a matter of public interest and strikes out the newspaper's defences. More... Robin Bass v TCN Channel Nine Pty Ltd February 14, 2007 Acting Justice Hunt interrogates the meaning of the word "shonky" before dismissing shonky building subcontractor, Robin Bass' second appeal. The case against Channel Nine commenced 16 years ago. More... Bingle v Emap Australia Pty Ltd February 27, 2007 Federal Court decides that Sutherland Shire "celebrity" and sometime ice skater, Lara Bingle, can proceed with her defamation action against Zoo Weekly. An imputation that she agreed to "pose topless" for a "smutty" men's magazine was clearly defamatory, said Justice Edmonds. More...