Author adminPosted on Categories Defamation Leave a comment on Rebel Wilson successfully defends defamation claim brought by The Deb star Charlotte MacInnes
The facts
Actor Charlotte MacInnes (28), brought a defamation suit against Hollywood actor and director Rebel Wilson.
The dispute arose following a 2023 incident at Bondi Beach involving Ms MacInnes and film producer/financier Amanda Ghost (51). Ms Ghost experienced a severe skin reaction after an ocean swim, leading both women to share a bath in their swimwear to warm up.
Ms Wilson claimed Ms MacInnes told her the following day that she felt “uncomfortable” during the bath incident, which Ms Wilson characterized as a workplace sexual harassment complaint. Ms MacInnes denied ever making such a complaint.
In July 2024, Ms Wilson published a series of social media posts (and hosted content via a PR website) suggesting Ms MacInnes had recanted her account of sexual harassment in exchange for career advancement, acting, and singing opportunities provided by Ms Ghost.
Ms MacInnes sued Ms Wilson in the Federal Court of Australia, seeking general and aggravated damages for harm caused to her reputation.
Relevant Law/ Legislation
Under Australian defamation principles, an applicant must establish that the publication of a defamatory matter caused, or was likely to cause, serious harm to their reputation.
The court evaluates whether an imputation conveyed in a publication is actually defamatory based on objective community standards.
Federal Court’s decision
Justice Elizabeth Raper found that Ms MacInnes did initially complain to Ms Wilson about the bath incident, but subsequently changed her story and sought to “walk back” her complaint because she felt she was losing control of the situation.
Justice Raper noted serious misgivings regarding the truthfulness of the testimony provided by all three principal figures—describing Ms MacInnes, Ms Wilson, and Ms Ghost as “unreliable witnesses”. She noted Ms Wilson possessed a “propensity to exaggerate,” but found that her contemporaneous documentary trail supported her claim that a complaint had been made.
While one social media post conveyed an imputation regarding Ms MacInnes, Justice Raper determined it was not defamatory, stating that asserting someone “changed their story” is not objectively defamatory according to community standards.
Furthermore, Ms MacInnes failed to establish that the post caused, or was likely to cause, serious harm to her reputation.
The Federal Court ruled in favor of Rebel Wilson, finding that the statements made did not meet the legal threshold for defamation nor did they inflict serious harm on Charlotte MacInnes’s reputation. The case highlighted significant credibility issues among all key witnesses involved, ultimately culminating in the dismissal of the suit and an award of legal costs against MacInnes.
Author adminPosted on Categories Defamation Leave a comment on Linda Reynolds wins defamation case against Brittany Higgins
Former Liberal senator Linda Reynolds has been awarded $315,000 plus interest in her defamation claim against Brittany Higgins after the WA Supreme Court found Higgins defamed her in a series of social media posts.
Continue reading “Linda Reynolds wins defamation case against Brittany Higgins”
Author adminPosted on Categories Defamation 1 Comment on Moira Deeming wins defamation claim against John Pesutto
Victorian MP Moira Deeming has won her defamation claim against Liberal leader John Pesutto with an award of $300,000 in damages.
The rally
Moira Deeming, a First-term Liberal MP attended and was one of a series of speakers at a rally held on the steps of Victoria’s parliament in March 2023.
The rally was co-organised by the UK gender-critical activist Kellie-Jay Keen, as part of Keen’s “Let Women Speak” tour of Australia and New Zealand last year, which held rallies in several cities about how the push for transgender rights was negatively impacting women. The rally was gatecrashed by neo-Nazis, who performed the Sieg Heil salute on the front steps of parliament.
Continue reading “Moira Deeming wins defamation claim against John Pesutto”
Author adminPosted on Categories Defamation Leave a comment on John Peros loses defamation claim about Shandee Blackburn murder
In 2013, Shandee Renee Blackburn, a 23 year old woman, was murdered in Mackay whilst walking home alone from her workplace. She had been stabbed 23 times in multiple places including the neck, head, and chest, including defensive wounds on her arms.
On 4 September 2014, Shandee Blackburn’s ex-boyfriend John Peros was arrested and charged for her murder. He was subsequently acquitted by a jury.
Continue reading “John Peros loses defamation claim about Shandee Blackburn murder”
Author adminPosted on Categories Defamation Leave a comment on Bruce Lehrmann ordered to largely pay indemnity costs
In the saga that never ends, the Honourable Justice Lee handed down his costs judgment after a marathon defamation trial where Bruce Lehrmann lost his defamation claim. His Federal Court of Australia claim was dismissed, because, on the balance of probabilities, it was found that he had raped Brittany Higgins. But the qualified privilege defence failed.
In the words of Justice Lee:
“The result is best characterised as the respondents overcoming a misconceived claim in relation to a broadcast because they were able to prove at trial the substantial truth of what the contemporaneous material demonstrates they considered to be the less substantial allegation made in the broadcast.”
Continue reading “Bruce Lehrmann ordered to largely pay indemnity costs”
Author adminPosted on Categories Defamation 2 Comments on Bruce fought the law and the law won
Bruce Lehrmann bragged about how he fought the law and Bruce won. In fact, the law won.
Continue reading “Bruce fought the law and the law won”
Author adminPosted on Categories Defamation 2 Comments on Justice Michael Lee says ‘real credit issues’ in Lehrmann defamation trial
It’s the saga about an alleged rape that never ends.
After a jury in a criminal rape trial was aborted after juror misconduct, the subsequent inquiry which revealed prosecutorial misconduct and the resignation of the ACT Director of Prosecutions, we have the sequel to the rape trial.
That sequel is a civil defamation case by Bruce Lehrmann, who was the defendant in the rape trial, brought against Network Ten and Lisa Wilkinson for an episode on The Project about the alleged rape.
Continue reading “Justice Michael Lee says ‘real credit issues’ in Lehrmann defamation trial”
Author adminPosted on Categories Defamation 2 Comments on Ben Roberts-Smith appeals defamation defeat
Highly decorated former soldier Ben Roberts-Smith VC MG sued on 16 media stories that collectively alleged among other things that he had murdered civilians in Afghanistan and committed an act of domestic violence against a woman in the Federal Court of Australia.
Continue reading “Ben Roberts-Smith appeals defamation defeat”
Author adminPosted on Categories Defamation 3 Comments on Ben Roberts-Smith loses defamation case on contextual truth
Highly decorated former soldier Ben Roberts-Smith VC MG was the subject of 16 media stories that collectively alleged among other things that he had murdered civilians in Afghanistan and committed an act of domestic violence against a woman.
Continue reading “Ben Roberts-Smith loses defamation case on contextual truth”
Author adminPosted on Categories Criminal law, Defamation, Legal profession 7 Comments on Debacle after Bruce Lehrmann charges dropped
Bruce Lehrmann, the former parliamentary political staffer who was accused of raping a colleague named Brittany Higgins at Parliament House has had all charges dropped again him.
This occurred after the trial had to be postponed because Lisa Wilkinson gave a speech at The Logie Awards, and when the trial finally took place, the jury had to be discharged because of juror misconduct.
Continue reading “Debacle after Bruce Lehrmann charges dropped”
