Category: Commercial Litigation & Dispute Resolution
When Does Right to Report Outweigh Reputation? Channel Nine’s Landmark Defamation Public Interest Defence Against an Orthopaedic Surgeon
When does right to report outweigh reputation? Al Muderis v Nine Network Australia Pty Limited [2025] FCA 909 is a landmark Federal Court defamation decision in which the Court dismissed Dr Munjed …
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Bennett hosts AALS seminar: ‘The Limits of Open Justice in Commercial Litigation: A Reply to Justice Lee’
On 6 November 2024, the Anglo-Australasian Lawyers Society (Western Australia) will present a ‘Black Label’ series seminar featuring Dr. Michael Douglas. Topic: The Limits of Open Justice in Commercial Litigation: A Reply to …
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Can you succeed in defamation if you have a bad reputation?
In the last few years, most Australian jurisdictions have implemented the Model Defamation Amendment Provisions 2020. Western Australia and the Northern Territory are yet to follow suit. In those jurisdictions that have …
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How your Western Australian postcode could affect your success in a defamation case
On 26 June, The Sydney Morning Herald published an article by Michaela Whitbourn titled, ‘How your postcode could affect your success in a defamation case’. The piece considered how defamation laws around …
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New rules for extra-territorial jurisdiction in Western Australia
The rules regarding service outside the jurisdiction are about to change for the Supreme Court of Western Australia. In a March notice to practitioners, the Chief Justice informed the profession that the …
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Class action waiver void as the High Court confirms the extraterritorial scope of the Australian Consumer Law in the Ruby Princess COVID-cruise case
The Ruby Princess will be remembered by many Australians with disdain as the floating petri dish that kicked off the spread of COVID-19 in Australia. The ship departed Sydney on 8 March …
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Police officers’ duties of care at protests
In Cullen v State of New South Wales [2023] NSWSC 653, the Supreme Court of New South Wales awarded $800,000 to a bystander at a rally who suffered a significant head injury …
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Denial of Natural Justice as a Defence to Enforcement of a Chinese Judgment in Australia
In Yin v Wu [2023] VSCA 130, the Court of Appeal of the Supreme Court of Victoria set aside a judgment which had affirmed the enforcement a Chinese judgment by an Associate …
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Reviews in review: The businesses suing and being sued over their online reviews
Managing online reviews should be an inherent part of owning a business with an online presence. With many businesses relying on online traffic to attract customers, a single negative review can be …
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Get it in writing: the risks of suing on the basis of oral conversations
A recent decision by the New South Wales Supreme Court has highlighted the significant risks of commencing legal proceedings relying on oral conversations. In Xue v Karimbla Properties (No. 45) Pty Ltd …
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