Case Alerts

Consent and confidential communications – an agreement that DOES go hand in hand

By: Richard Leder, Samantha Saad and Michelle Rich HM (a pseudonym) v Sister Mary Monaghan [2024] VSC 257 At a glance In the first judgment of its kind regarding the construction of s32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 (the EMPA), the Victorian Supreme Court ruled that in circumstances where a protected person consents […]

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By : May 23, 2024 Comments Off on Consent and confidential communications – an agreement that DOES go hand in hand
Articles

A warning to other prospective defamation plaintiffs who escape the lions’ den and are tempted to go back for their hat – lessons learned from the Lehrmann case

By: Richard Leder, Georgie Austin, Blake Pappas and Bella Marazita The Federal Court’s decision in Lehrmann v Network Ten Pty Limited (Lehrmann case) serves as another cautionary tale for prospective plaintiffs who are tempted to use defamation litigation as a vehicle to challenge serious allegations of criminal wrongdoing in order to vindicate themselves. The Lehrmann […]

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By : Apr 30, 2024 Comments Off on A warning to other prospective defamation plaintiffs who escape the lions’ den and are tempted to go back for their hat – lessons learned from the Lehrmann case
Case Alerts

High Court considers complex questions likely to impact future institutional abuse decisions

By: Richard Leder OAM and Chris Lawrance Bird v DP (A Pseudonym) At a glance In 2020, DP commenced proceedings claiming damages arising from sexual assaults committed by a Catholic Priest, Father Bryan Coffey, at the home of DP’s parents in Port Fairy in 1971. At first instance, Justice Jack Forest held that the Diocese was […]

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By : Mar 21, 2024 Comments Off on High Court considers complex questions likely to impact future institutional abuse decisions
Case Alerts

High Court confirms material IBAC must provide to safeguard the fairness of adverse findings

By: Richard Leder OAM, Blake Pappas and Deniz Coskundag AB (A Pseudonym) & Anor v Independent Broad-Based Anti-Corruption Commission [2024] HCA 10 At a glance On 13 March 2024, the High Court of Australia delivered a judgment involving IBAC’s obligations under s 162(3) of the IBAC Act 2011 (Cth) regarding the disclosure of “adverse material”. […]

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By : Mar 20, 2024 Comments Off on High Court confirms material IBAC must provide to safeguard the fairness of adverse findings
Case Alerts

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 […]

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By : Mar 1, 2024 Comments Off on The underbelly of s 40 of the Inquiries Act exposed in Re Mokbel (No 2) [2024] VSC 39
Case Alerts

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 […]

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By : Oct 26, 2023 Comments Off on ABC’s Consent Costs Them: Unpacking the Judgment on Costs in the Russell Case
Case Alerts

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 […]

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By : Oct 23, 2023 Comments Off on ABC learns the ABCs of the new public interest defence
Articles

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 […]

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By : Oct 11, 2023 Comments Off on High Court decides on the scope and power to publish corruption reports

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