Recent cases and reform on the use of defamation to silence victims
Silencing through litigation—why Australia needs stronger protections for those reporting sexual misconduct.
By Regina Featherstone - 1 min read
Defamation law reforms: risk management tips for practitioners
Defamation law is becoming more complex and inconsistent between jurisdictions. What can you do to mitigate risk in this changing area of law?
By Milica Vukancic and Sam Rappensberg - 1 min read
What if a liable defendant declares bankruptcy before damages are determined?
The Federal Court considers a unique fact scenario which conjures pertinent questions of law, such as what makes a judgement final?
By Tim Maybury - 1 min read
Knives to a gunfight: the risks of poorly drafted NDAs in workplace disputes
NDAs should mitigate risks of workplace disputes going publicly nuclear, but only if they’re drafted effectively. Are you at risk?
By Penny Thew - 1 min read
More reforms on the way for NSW’s defamation laws
‘Stage 2’ reforms and what they will mean for the future of ‘digital defamation’.
By David Helvadjian - 2 min read
New section 29A public interest defence considered
A recent Federal Court decision was the first adjudication arising from a final hearing of the new s 29A defence.
By David Helvadjian - 2 min read
Reforms to defamation law and sexual harassment cases in the workplace
Recent review of the Model Defamation Provisions examined the scope of liability of internet intermediaries in publication of third party content and defences to defamation.
By Kayte Lewis - 2 min read
To publish or not to publish: Hyperlink merely a navigating tool
High Court in Google LLC v Defteros considers whether a search engine is the publisher of defamatory material by providing a hyperlink to that article.
By Paris Hart - 3 min read
In the public interest? The new defence in NSW defamation law
Guidance from the UK on how the new public interest defence may be interpreted by NSW courts.
By David Helvadjian - 2 min read
Defamation law and the new serious harm test
The new NSW serious harms test is identical to that in the UK, so could their case law be instructive here?
By David Helvadjian - 2 min read
Defamation and reform of the statutory defence of contextual truth
An analysis of why reform of the statutory defence of contextual truth is long overdue.
By Jeremy Harrison - 2 min read