Insights

One step forward, one back: advancements in digital defamation reform amidst a setback in uniformity

The latest signpost on the long road to defamation law reform appears to point to another departure from national uniformity with the announcement that not all states are on-board for a revised set...

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The question left hanging - at what stage is serious harm to be determined?

Almost a year ago, we commented on the first application of the serious harm test in s10A, which introduced as part of the 2021 defamation legislation reforms.

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Joining the dots - internet defamation reform update

There were signs of life last week in the Stage 2 Part A Review of Model Defamation Provisions, concerning liability of internet intermediaries for third party content, in the shape of a communique...

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Scissors.
Defamation case dismissed in first application of the new serious harm test

Proceedings involving a one-to-one Facebook Messenger allegation of stolen scissors have been cut short by her Honour Judith Gibson DCJ in the first test of the serious harm element since it was...

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Blue fibre optics
Landmark High Court win in Google v Defteros

We are delighted with the recent High Court outcome our client, Google LLC (Google), in a long-fought and significant battle in a defamation claim concerning search engine results.

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How to treat an angry tweet – Appeal Court downs Dutton

The Full Court of the Federal Court has allowed an appeal, setting aside a judgment entered in favour of the Hon. Peter Dutton MP in which it had found that a ‘tweet’ conveyed the defamatory...

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Dealing with Australian regulators: Consider building a relationship
Dealing with Australian regulators: Consider building a relationship

Regulators and investigative bodies have extensive powers that can be brought to bear upon your corporation. Your corporation might come in contact with a regulator in the course of a voluntary...

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Dealing with regulators in Australia: warrants
Dealing with regulators in Australia: warrants

If a regulator issues a warrant it is a serious matter. Typically, a warrant will only be sought after approval at senior levels within a regulator and can only be issued by a Magistrate or Justice...

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Dealing with regulators in Australia: compulsory processes and examinations

Australian regulators have a range of compulsory information gathering powers. If your organisation is the subject of an investigation under surveillance for compliance with the law or facing an...

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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...

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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...

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Much talk, now action: defamation law reform is here

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

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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...

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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...

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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.

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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...

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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...

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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.

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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.

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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...

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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...

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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...

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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

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