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?Snapshot Is a defamation claim…
Trial by Tik Tok: How social media is affecting the Johnny Depp and Amber Heard case
The highly publicised and controversial defamation case between actor Johnny Depp and his ex-wife Amber Heard has become a viral phenomenon with millions dissecting the…
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.Snapshot Since 1 July 2021, NSW Defamation law has…
Beware the voice of followers – Defamation in the age of Facebook
A closer look at the much anticipated High Court decision in Fairfax Media Publications Pty Ltd v Voller – a case of narrow issue but with…
Voller decision sends warning to Facebook page owners
The High Court has ruled media outlets are liable for defamatory comments published on their Facebook pages, in a landmark appeal over what has become…
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?Snapshot From 1 July 2021,…
Defamation reforms become law; stage two review begins
A full year since NSW parliament passed long-awaited updates to its defamation laws, the changes finally came into effect on 1 July. Australia’s defamation laws…
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.Snapshot On 11 August 2020, the Defamation Amendment Act 2020 received…
GoFundMe: The gift that keeps on giving?
A closer look at the complex legal issues raised by crowdfunding platforms such as GoFundMe.Snapshot Billions of dollars are raised in crowdfunding campaigns around the…
An update on defamation damages reform
An examination of the amendments to section 35, which enacts statutory caps on awards of damages for non-economic loss.Snapshot The recent wide-ranging reforms to defamation…
Defamation reforms: Much Ado About Not Much
An opinion piece on the contentious New South Wales defamation reforms.The Defamation Amendment Bill 2020 recently discussed by the New South Wales Attorney General Mark…