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Recent Posts
- Lying defamation defendant shot down by Sporting Shooters – $887,027.66 in damages: Moroney v Zegers [2018] VSC 448
- Politician not so pushy – Sophie Mirabella wins $175,000: Mirabella v Price & Benalla Newspapers Pty Ltd [2018] VCC 650
- Channel Nine’s “disgraceful” story – $300,000 damages: Pahjua v TCN Channel Nine PL [2018] NSWSC 893
- Court of Appeal rules that Rebel Wilson’s damages not special: Bauer Media Pty Ltd v Wilson [2018] VSCA 154
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If you use this website or Blog, you are not entering into a lawyer-client relationship with the authors of the website or Blog, including with Justin Castelan, who is a Barrister in Melbourne, Victoria.
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Category Archives: Publication
No tort for breach of privacy in South Australian epic: Sands v South Australia [2013] SASC 44
In a trial that ran for 55 days late last year and concluding in February this year, the plaintiff, Derick John Sands, has lost his claim for defamation, as well as other claims including a breach of confidence and a … Continue reading
Posted in Absolute privilege, Damages, Identification, News, Privacy, Publication, Reciprocal duty-interest, Trial, Truth
Tagged newspaper, tv
1 Comment
Google Australia not a publisher: Rana v Google Australia Pty Ltd [2013] FCA 60
In asserting that it is not a publisher of its search engine results, Google has at last had a win, of sorts, in the Federal Court. But the win was not as emphatic as Google would have liked, and certainly … Continue reading
Posted in Publication, Strike out application
Tagged blog, Google, internet, Racial discrimination
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Google wins but loses again, now in UK: Tamiz v Google Inc [2013] EWCA Civ 68
Payam Tamiz, an English Conservative politician who had been running for the local elections in Thanet, sued Google for anonymous comments on a blog that was created on Google’s blogger platform, “London Muslim”. The comments were posted between 28 and … Continue reading
Posted in Publication
Tagged Appeal court, blog, Google, internet, politician, search engine, UK
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Google wins ACCC battle in High Court, but has it lost the defamation war?: Google Inc v ACCC [2013] HCA 1
In 2012, the Full Court of the Federal Court held that Google engaged in misleading or deceptive conduct, in breach of s.52 of the Trade Practices Act because if a person searched for four particular businesses, misleading or deceptive sponsored … Continue reading
$200,000: Trkulja’s Second Big Win to Send Google into a Frenzy: Trkulja v Google Inc [2012] VSC [2012] VSC 533
In Silicon Valley, Google’s legal representatives will now be acquainting themselves with Australian defamation law and grimacing a lot, as for what seems to be the first time, a common law court has determined that, for the purposes of defamation, … Continue reading
Posted in Damages, Defamatory meaning, Publication, Trial
Tagged Google, grapevine effect, internet, jury, search engine
1 Comment
One Small Step for Mr Trkulja, One Giant Leap for GoogleKind: Trkulja v Google Inc [2012] VSC
In February this year, Milorad Trkulja, a Melbourne Music Promoter sued Yahoo!. What had happened was that if a person searched his name on Yahoo!, the results contained links to an article that linked him to the Melbourne underworld. While … Continue reading
Posted in Damages, News, Publication, Trial
Tagged Google, hyperlink, internet, jury, search engine
2 Comments
Solicitors’ defamation law argument fails: David v Abdishou [2012] NSWCA 109
The appellants (who were the plaintiffs at the trial) were solicitors who acted for Karl Suleman. In 2000 and 2001, Suleman induced many members of the Assyrian community in Sydney to invest in his supermarket trolley business, which ultimately collapsed. … Continue reading
Black is Back in Ontario: Breeden v Black [2012] SCC 19
The term “libel tourist” is a term bandied about by defamation defendants to suggest some sort of impropriety by a defamation plaintiff. The point that publishers seem to make is this: where something is published all around the world, the … Continue reading
Posted in Publication, Strike out application
Tagged Appeal court, canada, newspaper
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Google liable for its misleading search results: ACCC v Google Inc [2012] FCAFC 49
In terms of defamation, there hasn’t been a case in Australia that considers whether Google Inc in America is a publisher of indexed search results from its search engine. In England, a single judge has concluded that Google is not … Continue reading
Music promoter wins $225,000: Trkulja v Yahoo! Inc LLC & Yahoo! 7 Pty Ltd [2012] VSC 88
Michael Trkulja was born in Yugoslavia in 1950. He migrated to Australia at 20 and in the early 1970s, while working in a travel agency business, began promoting singers and entertainers in the Yugoslav community. His work as a music … Continue reading