Solicitor’s defamation action dismissed for lacking ‘The Vibe’

The District Court of Queensland has dismissed a solicitor’s claim for defamation based on an imputation conveyed by the words ‘Dennis Denuto’. ‘It’s just the vibe of the thing, Your Honour’ says Dennis Denuto, the fictional solicitor-hero of the classic Australia legal drama, The Castle, as he bumbles his way to a victory in the High read more...
Subjects: Defamation

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The rise of the citizen journalist and the online blogger

Digital technologies and social networking websites have radically altered the nature of news reporting. In particular, news reporting has succumbed to modern society’s need for immediacy. The Internet has given rise to the “citizen journalist”, who is able to upload one-off breaking news items when arriving first upon the scene of an event. Whilst the read more...

Think before you speak, think before you tweet –social media and defamation

While most of us are posting mundane Facebook statuses about what we had for breakfast, or tweeting about our reactions to ‘The Bachelor’ (or is that just me?), Andrew Farley was doing a whole lot more last year, according to a judgment published only recently, but handed down in November 2013 in the District Court read more...
Subjects: Defamation | Media | Social media

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Tom Cruise proves Risky Business for gossip mags

In late 2012, Life & Style and In Touch magazines published headlines indicating Tom Cruise had abandoned his daughter Suri. Most people might dismiss such articles as minority reports. However, Cruise has filed a Complaint in the District Court of California for defamation and invasion of privacy. He’s asking that the publisher of the magazines read more...
Subjects: Defamation | Media

Why all the secrecy? Tom Waterhouse defamation settlement reignites court access debate

Imagine you are an “A” type lawyer keen to know what’s going on.  Yes, that’s most of us at IP Whiteboard. It means we were frustrated some time ago when told by the NSW District Court that pleadings in the Tom Waterhouse v Fairfax Media defamation case were unavailable for review.  Our previous post here explains read more...

Adam Gilchrist hit for six by Twitter twin

The Australian cricket team might have needed not one, but two Adam Gilchrist’s in its side for the first Ashes Test in England over the last week. However, the man himself is less than impressed after discovering he has a Twitter Twin. When English cricketer Stuart Broad controversially decided not to “walk” on the 3rd read more...

Heartache and Sour Grapes on the Internet: A Lesson in Case Management

If you can’t say anything nice, don’t say anything at all. It’s an old saying, but it rings true, especially when social media is your platform of choice for voicing some less than complimentary opinions. The temptation to vent your frustrations via Facebook or Twitter can be overwhelming- after all, we spend a lot of read more...

Why we can’t bring you an analysis of Tom Waterhouse’s defamation claim against Peter Fitzsimons and Fairfax

The Deputy Registrar of the District Court of New South Wales has refused IP Whiteboard’s non-party application to obtain from the court file a copy of Tom Waterhouse’s court complaint against Peter Fitzsimons and Fairfax (more officially known as proceeding No. 2012/284242). The decision tends to focus the mind on the balance between two potentially read more...