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High Court won’t hear appeal in defamation case over Facebook comments
Defamation 2020-09-10 6:11 pm By Christine Caulfield

The High Court has rejected an appeal challenging a ruling that found a failed political candidate liable for defamatory responses made by readers of two Facebook posts he published that labelled a South Australian businessman greedy and selfish, but the court has left the door open to weigh in on the issue of secondary publication of social media comments.

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Army chief gets another chance to block war crimes docs in Ben Roberts-Smith case
Defamation 2020-09-08 4:39 pm By Miklos Bolza

The chief of the Australian Defence Force has been given the opportunity to put on further evidence after a judge said he would otherwise order that material provided to a war crimes inquiry by Ben Roberts-Smith be produced in the war veteran’s defamation case against three news publishers.

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In a first, judge says emoji ‘reasonably capable’ of being defamatory
Defamation 2020-08-28 6:30 pm By Miklos Bolza

In what is believed to be a first in Australia, a judge hearing a defamation case between two Sydney lawyers has found that an emoji is capable of carrying a defamatory imputation.

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Nationwide may deny liability for reporter’s ‘private’ tweets on Quaden Bayles video
Defamation 2020-08-20 2:40 pm By Alison Eveleigh

Nationwide News may not accept liability for a series of allegedly defamatory tweets published from reporter Miranda Devine’s personal account about 9-year-old Quaden Bayles, telling a judge the tweets were “private”.

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Nine hit with defamation suit over ‘dangerous and irresponsible’ report that led to prison attack
Defamation 2020-08-18 6:04 pm By Alison Eveleigh

A convicted drug smuggler is suing Channel Nine over a segment on A Current Affair that accused him of being a police informer and which a judge branded as “dangerous and irresponsible reporting” after he was attacked in prison.

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ABC acted with malice in ‘set up’ of Racing NSW head, court hears
Defamation 2020-08-11 6:08 pm By Alison Eveleigh

In airing a ‘7:30′ segment that revealed racehorses were being slaughtered in violation of industry rules, the ABC acted with malice in what was a “set up” designed to make the head of Racing NSW “look bad”, a court has heard.

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Mom behind viral bullying video hits Daily Telegraph publisher with defamation lawsuit
Defamation 2020-08-05 3:46 pm By Cat Fredenburgh

An Australian mother who posted a viral video of her son, who suffers from achondroplasia dwarfism, following a bullying incident has hit the Daily Telegraph’s publisher with a defamation lawsuit over a reporter’s retweet of conspiracy theories that the video was a fake.

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Media companies can file evidence of another alleged murder in Roberts-Smith defamation case
Defamation 2020-08-03 2:27 pm By Alison Eveleigh

Media companies that are fighting defamation proceedings over articles that accused decorated war veteran Ben Roberts-Smith of war crimes have won court permission to amend their defence to include evidence the soldier was involved in another alleged murder.

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Gatto denied jury trial in defamation case against ABC
Defamation 2020-07-16 9:11 pm By Alison Eveleigh

Underworld figure Mick Gatto has been denied a trial by jury in his defamation proceedings against the ABC, with the judge-only hearing scheduled to start next week.

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Elaine Stead says in-person mediation ‘waste of time’ in Nine defamation case
Defamation 2020-07-16 12:24 pm By Miklos Bolza

Venture capitalist Elaine Stead has refused to go into a second round of mediation in her defamation case against the Nine-owned Fairfax Media Publications saying it would be a “waste of time”.

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