Category Archives: News

South African source kept confidential: Bosasa Operation Pty Ltd v Basson & Anor [2012] ZAGPJHC 71

Posted on May 14, 2012 by

In this age of the Leveson Inquiry and Rupert Murdoch being cross-examined about why there may be dozens of people arrested in his newspaper empire for crimes like phone hacking the telephone lines of people who lost family members in … Continue reading →

Posted in News | Tagged | Leave a comment

Hyperlink is not publication in Canada: Crookes v Newton 2011 SCC 47

Posted on February 17, 2012 by

The Full Court of the Canadian Supreme Court recently considered a simple question, but one which will have a profound impact on communications in the common law world: Is a hyperlink a “publication” for the purposes of defamation law? While … Continue reading →

Posted in News, Publication | Tagged , , | Leave a comment

The old reciprocal duty-interest qualified privilege for a lawyer writing to another lawyer trick: Szanto v Melville [2011] VSC 574

Posted on November 30, 2011 by

Two lawyers were acting in relation to the sale of a number of apartments in Ascot Vale. One of them, the plaintiff, acted on behalf of the receiver in relation to the sale of those apartments. The receiver had been … Continue reading →

Posted in News | Leave a comment

The defamation you have when you do not have a defamation: Eatock v Bolt [2011] FCA 1103

Posted on November 23, 2011 by

Andrew Bolt, columnist for the Herald Sun newspaper, wrote two articles in 2009 entitled “It’s so hip to be black” and “White Fellas in the Black”. It referred to what he called a “trend” of fair skin aboriginal people who … Continue reading →

Posted in News | Tagged , | Leave a comment

Captain Dragan appeal fails: Snedden v Nationwide New Pty Ltd [2011] NSWCA 262

Posted on November 12, 2011 by

The plaintiff, Daniel Snedden, also known as Dragan Vasilykovic sued The Australian for an article published in September 2005: “Serbian Death squad commander alive and well teaching golf in Perth.” There was a trial by jury held to determine whether … Continue reading →

Posted in contextual truth, News, Truth | Tagged , | Leave a comment

Morrissey show can go on: Morrissey v McNicholas & IPC Media Ltd [2011] EWHC 2738

Posted on November 8, 2011 by

Stephen Morrissey is an English singer and songwriter, known simply as “Morrissey”. In the 1980s, he was the lead singer of “The Smiths” and since 1989 has had a successful career as a solo artist. The New Musical Express (NME) … Continue reading →

Posted in News, Strike out application | Tagged , | Leave a comment

Statement of Claim Part VIII : Franchise Central (Australia) Pty Ltd & Ors v Fairfax Media Publications Pty Ltd [2011] VSC 379

Posted on November 3, 2011 by

The plaintiffs provided consultancy services in relation to franchising. In January 2008, the defendants published an article in the BRW “From building to bail out”, and a further article in February 2008, “ASIC acts on franchise accusations”. The plaintiffs started … Continue reading →

Posted in Defamatory meaning, imputations, News, Strike out application | Tagged | Leave a comment

Bloggers: Beware of the hyperlink: Ali v Associated Newspapers Ltd [2010] EWHC 100 (QB)

Posted on November 3, 2011 by

Azad Ali worked for the English Treasury and had a few blogs. One of the blogs was called “Defeating extremism by promoting balance” where he suggested that jihad was not terrorism. In January 2009, The Daily Mail published articles in … Continue reading →

Posted in imputations, News, Strike out application, Truth | Tagged , | Leave a comment

The politician’s privilege?: Wookey v Quigley [2011] WASC 227

Posted on October 27, 2011 by

Since Lange in 1998, politicians have no longer been the cornerstones of the defamation lawyer’s practice. The High Court decided that we have an implied right in our constitution to discuss “government and political matter” and so politicians took their … Continue reading →

Posted in defences, government and political matter, News, Qualified privilege, Reciprocal duty-interest, Strike out application | Tagged , | Leave a comment

Contextual Truth and Nothing But the Truth: Besser v Kermode [2011] NSWCA 174

Posted on October 26, 2011 by

The contextual truth defence is the most complicated, convoluted and confusing defences available in defamation at common law. Under the 2005 Act, it means that the defendant claims this: “The words don’t mean that… they mean this other thing, which … Continue reading →

Posted in contextual truth, News | Tagged , | Leave a comment