New tort of serious invasion of privacy

By: Richard Leder, Georgie Austin, Nicole Gabryk, Zoë Burchill and Isabelle Ferrali At a glance From 10 June 2025, serious invasions of privacy will become legally actionable in Australia. This marks a major reform, introducing a new privacy tort that allows individuals to bring claims for either intrusions upon seclusion (such as unauthorised surveillance) or […]

Future Proof ‘25: Insurance and risk insights across Asia-Pacific

The future of insurance and risk in Asia-Pacific is here, and rapidly evolving. Are you ready? In a world marked by rapid technological advancement, innovation, evolving regulatory demands and increasing complexity across multiple risk sectors, Future Proof ’25 examines the diverse forces reshaping insurance and business landscapes. This report highlights emerging trends and critical challenges […]

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, 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 $2.6 million. The […]

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 […]

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 […]

When to hit record – the do’s and don’ts of recording private conversations

By: Richard Leder, Georgie Austin, Blake Pappas and Jessica Bennett At a glance Across Australia, various state and territory laws govern the recording of private conversations and the communication and publishing of such recordings. Before publishing or sharing any recordings, it is crucial to be aware that doing so may not only work against your […]

Stage 2 Defamation Reforms – the need for uniformity across the defamation landscape

By: Richard Leder, Georgie Austin, Blake Pappas, Zoe Burchill and Isabella Antonino At a glance The Stage 2 Defamation Reforms, building on Australia’s national Model Defamation Provisions, focus on addressing defamation in digital contexts and protecting those reporting criminal conduct. Key aspects of the Stage 2 reforms include: Part A amendments: Targeting defamatory content published […]

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 […]