The underbelly of s 40 of the Inquiries Act exposed in Re Mokbel (No 2) [2024] VSC 39

By: Georgie Austin, Jacquie Goodwin, Blake Pappas, and Rhyse Collins At a glance In one of three recent judgments from the Victorian Supreme Court concerning ‘preliminary evidential issues’ surrounding Tony Mokbel’s appeal against conviction, Her Honour Fullerton J held that the ‘use immunity’ contained within s 40(1) of the Inquiries Act 2014 (Vic) applies so […]

ABC’s Consent Costs Them: Unpacking the Judgment on Costs in the Russell Case

Russell v Australian Broadcasting Corporation (No 3) [2023] FCA 1223 At a glance On Tuesday 24 October 2023, the Federal Court handed down a costs judgment granting Heston Russell costs on an indemnity basis following the ex-commando’s victory against the Australian Broadcasting Corporation (ABC) in a protracted defamation lawsuit. This article continues on from our earlier […]

ABC learns the ABCs of the new public interest defence

Russell v Australian Broadcasting Corporation (No 3) [2023] FCA 1223 At a glance In September 2022, Heston Russell, a former Major and Commando Officer within the Special Operations Command of the ADF initiated proceedings against the ABC and two investigative journalists. In February, the Federal Court found that the publications defamed Mr Russell. Initially, the ABC […]

High Court decides on the scope and power to publish corruption reports

Crime and Corruption Commission v Carne [2023] HCA 28   At a glance On 13 September 2023, the High Court of Australia dismissed an appeal by the CCC to publicly release a report on its investigation into the former Public Trustee of Queensland Peter Carne. The High Court found the CCC did not have the […]