Insights

The Voller Appeal: High Court confirms liability for third party Facebook comments

By majority, the High Court has dismissed appeals from the New South Wales Court of Appeal, upholding a finding that, in respect of defamation liability, the appellant media companies are...

More
On second thoughts... Can a settlement offer be accepted even after it has been rejected?

The Federal Court of Australia has held that an offer to settle made pursuant to its Court rules may remain open, even after it has been expressly rejected or a counter-offer has been made. The...

More
Much talk, now action: defamation law reform is here

New South Wales Parliament has today passed the Defamation Amendment Bill 2020.

More
Your corporate Facebook page: liability for third-party comments confirmed

On appeal from a preliminary question decided by Justice Rothman in Supreme Court of New South Wales defamation proceedings, the Court of Appeal has upheld the finding that media companies were...

More
Universities and defamation: a new defence clears some space in the defamation minefield

Changes to Australia’s Uniform Defamation Laws will include a defence for scientific or academic peer review, providing greater comfort for academic publishing, but defamation risks for...

More
Defamation Panel: CAMLA’s Communications Law Bulletin

Following a hearing in February this year, the Supreme Court handed down its judgment in the Voller case on 24 June 2019 and the result is intriguing for a host of reasons.

More
Website evidence goes Wayback

Parental cautions to their millennial children that “the internet is forever” now have an echo in Australian litigation following the recent decision of the Federal Court in Dyno Nobel Inc v Orica...

More
The Voller decision: tightening liability for third party content

The Supreme Court of New South Wales has held that, in relation to defamation liability, media companies are deemed to be the publishers of any comments posted to their public Facebook pages by...

More
Your company, its executives and the sharing of abhorrent violent material laws

New criminal offences were introduced by Federal Parliament today via the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Bill 2019.

More
Australia’s media reform – removing two hurdles in a complex obstacle course

It is opportune to review the reforms and consider their implications for corporate transactional activity in the media sector.

More
Workwise - addressing social media risks in the workplace

In this article we look at some of the areas of law relevant to social media (intellectual property, privacy, media and defamation, consumer protection and employment, as well as continuous...

More
Court Suppression and Non-publication Orders Act

NSW has become the first state to enact the Court Suppression and Non-publication Orders Act 2010 (the Act). The Act has replaced the sections of the civil and criminal procedure statutes that...

More
NSW Journalist Privilege law now in force

The Journalist Privilege amendments to the Evidence Act 1995 (NSW) (the Act) came into force in NSW on 21 June 2011. The changes to the Act are designed to bring New South Wales into line with...

More
Metricon misleads and misses the mark

The Australian Competition and Consumer Commission (ACCC) took issue with representations made by home builder Metricon Homes Qld Pty Ltd (Metricon) in advertisements to consumers. While the case

More