Federal Court judge finds John Pesutto defamed Moira Deeming

By: Georgie Austin and Deniz Coskundag Deeming v Pesutto (No 3) [2024] FCA 1430 At a glance Parliamentary Member Ms Moira Deeming was awarded $300,000 in damages after the Federal Court ruled that she was defamed by a series of statements and media interviews made by Victorian Opposition Leader Mr John Pesutto, following a rally […]

Victorian Court of Appeal allows Western Bulldogs’ appeal against damages award

By: Richard Leder, Jacquie Goodwin, Blake Pappas and Deniz Coskundag Footscray Football Club Ltd v Adam Kneale [2024] VSCA 314 At a glance The Victorian Court of Appeal has allowed the Club’s appeal against the quantum of Mr Kneale’s general damages and economic loss claim, significantly reducing the jury’s $5.9 million award of damages to […]

Hawthorn Football Club settles litigation with Indigenous former players and their partners

By: Georgie Austin and Deniz Coskundag Rioli & Ors v Hawthorn Football Club Ltd (Proceeding No. VIC728/2024) At a glance Hawthorn Football Club has settled its Federal Court proceeding with Indigenous former players, and their partners, in a claim of historic mistreatment and racial discrimination during their time at the Club. The Club published a […]

High Court rejects extending vicarious liability beyond employment

By: Richard Leder OAM, Sean O’Connor, Rhyse Collins and Deniz Coskundag Bird v DP [2024] HCA 41 | View previous article summarising the decision At a glance The High Court unanimously found that the Diocese of Ballarat was not vicariously liable for the tortious conduct of one of its priests against the respondent when he […]

Criminal trial pending as High Court rejects immunity claim of ATO whistleblower

By: Georgie Austin, Natasha Chand and Madeleine Wright At a glance The High Court of Australia refused whistleblower Richard Boyle’s request for an extension to file an appeal challenging his criminal charges related to ATO disclosures. The Court found Boyle’s appeal had insufficient prospects of success, upholding a previous decision that denied him statutory immunity […]

Limitation period for statutory building warranty claims

By: Bill Conor and Julian Amato At a glance The court reaffirmed that claims for building defects made pursuant to the statutory warranties under section 32 of the Building Work Contractors Act 1995 (SA) must be filed within a strict 5-year period from practical completion, emphasising the Act’s balance between builder and homeowner interests. The 10-year […]

Federal Court finds Senator Pauline Hanson’s tweet to be racially discriminatory

By: Georgie Austin, Zoe Burchill and Deniz Coskundag At a glance The Federal Court of Australia recently found that Senator Pauline Hanson breached s 18C of the Racial Discrimination Act for a post published on social media platform X (formerly Twitter). In 2022, Senator Mehreen Faruqi posted a tweet about the monarchy, in which Senator […]

Security for costs rejected and enforcement of costs order stayed – analysis of written reasons in Lehrmann decision

By: Georgie Austin, Zoe Burchill and Anthea Dres At a glance On 22 October 2024, Justice Abraham granted Bruce Lehrmann the authority to appeal his defamation case against Network Ten and Lisa Wilkinson. The respondents had sought security in the amount of $200,000 for their costs of the appeal proceeding and this application was subsequently […]

Trend Watch: Privilege during investigations – data breach class actions

With litigation escalating across data breaches and privacy class actions, there are new questions around legal privilege when obtaining forensic reports. As part of our Trend Watch video series, Cyber, Privacy + Technology partner Nicole Gabryk and Commercial Litigation special counsel Gavin Davies discuss privilege claims arising from the Optus and Medibank data breaches in 2021-2022, […]

Federal Court allows Bruce Lehrmann to appeal defamation ruling

By: Richard Leder, Georgie Austin, Blake Pappas and Zoe Burchill At a glance Bruce Lehrmann has been allowed to appeal his defamation case against Network Ten and Lisa Wilkinson. The Federal Court dismissed the requirement for him to pay $200,000 in security costs before the appeal. The initial ruling by Justice Michael Lee found that […]