Commercial Litigation & Dispute Resolution Archives - Page 3 of 3

Geoffrey Rush’s Massive Defamation Win Shows the Risk of Media Rushing to Judgment on #MeToo

Geoffrey Rush’s massive ~$2.87 million defamation victory has been affirmed on appeal. Nationwide News Pty Ltd (Nationwide) appealed Justice Wigney’s April 2019 decision in Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496 on the basis that the trial judge erred in his findings as to the credibility of the defence’s key witness and that the award of damages made by the trial judge was ‘manifestly excessive’.

Google as publisher of everything defamatory on the internet: Defteros v Google LLC [2020] VSC 219

Search engines and other ‘internet intermediaries’, like social media companies, are natural targets for defamation litigation. But their liability under Australian defamation law is controversial and often contested, particularly where the defamatory content is authored by third parties.

What can you do when an anonymous troll is causing your business grief?

Some people are willing to say things online that they would never say to a person’s face. But when trolls comment on a product or service, they can be seriously destructive. We should not assume that every online review is factually accurate. Some are malicious.

Bushfire crisis: Are those protecting us really protected?

When the bushfire crises across South Australia, New South Wales and Victoria passes, there will be a plethora of reviews of the response of the Commonwealth and State Governments, and also the …

ASC & Forgacs chart choppy waters in the New South Wales Court of appeal.

In Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185, the New South Wales Court of appeal deals with two important contractual issues. The Court had to decide when …

“Waiving” Goodbye to Legal Professional Privilege

In the recent decision of Fraser v Fraser[1] the Western Australian Supreme Court reaffirmed the principle that conduct by a party which is inconsistent with the desire to maintain the confidentiality of communications between that party and their lawyers may result in the implied waiver of legal professional privilege over the communications.

Case Note: Litigious warfare on a grand scale – Palmer v Citic Ltd [No 2] [2019] WASC 14 (S)

The indicative position of the Honourable Justice Kenneth Martin in Palmer v CITIC Ltd [No 2] [2019] WASC 14 to award costs in the cause for an interlocutory hearing, despite an unsuccessful …

Bennett + Co Successful in Oppression Action Brought by Members Against Yindjibarndi Aboriginal Corporation RNTBC

On 31 July 2019 the Australian Registrar of Trade Marks published the decision of JB Hi-Fi Limited [2019] ATMO 115. It is a decision on revocation – a rare matter for determination by a delegate of the Registrar, no doubt because the omission giving rise to the hearing was so obvious.

Category: Commercial Litigation & Dispute Resolution