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.
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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.”
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Author adminPosted on Categories civil litigation, Judiciary 1 Comment on High Court elects to hear Judge Vasta judicial immunity case
In 2021, Judge Vasta was sued for false imprisonment after he jailed a litigant for contempt when no such finding against him had been made. For Judge Vasta and the state of Queensland, it was contended that the doctrine of judicial immunity meant that the claim could not succeed.
Last year, Wigney J of the Federal Court found for the imprisoned man, holding that judicial immunity did not apply for a number of reasons, including that Judge Vasta was an inferior Court judge who had acted beyond jurisdiction. Unsurprisingly, an appeal was subsequently lodged.
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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.
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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.
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Author adminPosted on Categories Industrial relations 2 Comments on Teal MP sued by staffer Sally Rugg under Fair Work Act
All is not well in teal world, despite their fancy lattes, their trendiness and their pious devotion to social justice.
Left-wing activist Sally Rugg is suing new member for Kooyong Dr Monique Ryan in the Federal Court for an alleged breach of general protections under the Fair Work Act.
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Author adminPosted on Categories Defamation 2 Comments on Peter Dutton wins defamation case
On 25 February 2021 at 11.51 pm, refugee activist Shane Bazzi published a tweet on Twitter containing the words:
“Peter Dutton is a rape apologist.”
This tweet contained a link to an article published online in The Guardian Newspaper on 20 June 2019. The link in that tweet showed a large photograph of Mr Dutton, the name “The Guardian” and the following words:
“Peter Dutton says women using rape and abortion claims as ploy to ge…
Home Affairs minister says ‘some people are trying it on’ in an attempt to get to Australia from refugee centres on Nauru.”
The first of these lines comprised part of the headline to The Guardian article. The second constituted the whole of the first sentence in the article.
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Author adminPosted on Categories Industrial relations 2 Comments on High Court upholds freedom to contract casually
Robert Rossato was employed by WorkPac, a labour-hire company pursuant to a series of six contracts, or “assignments” between 28 July 2014 and 9 April 2018, when he retired. During that time, WorkPac provided his services to Glencore at one or other of the Collinsville and Newlands mines. Each contract was entitled “Notice of Offer of Casual Employment – Flat Rate” except for the third contract, which was entitled “Notice of Offer of Casual Employment”. At all relevant times, WorkPac treated Mr Rossato as a casual employee.
Most of the time, Rossato worked according to either a “7/7 roster” (seven days on, seven days off) or a “5/5/4 roster” (five days on, five days off, four days on, five days off, five days on, four days off). The only exceptions to these arrangements were when he undertook additional training or inductions, and during mine shutdowns. Rossato was never asked by WorkPac or Glencore whether he intended to attend work on a day he was rostered; nor did Rossato ever enquire whether he would be required to attend work on a day he was rostered.
On 2 October 2018, in reliance on the decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131, Rossato wrote to WorkPac claiming that he had not worked for it as a casual employee, and claiming that he was entitled to be paid for untaken annual leave, public holidays, and periods of personal leave and compassionate leave taken by him during his employment. These entitlements were said to be due under the Fair Work Act 2009 and the WorkPac Pty Ltd Mining (Coal) Industry Enterprise Agreement 2012, which governed Rossato’s employment.
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Author adminPosted on Categories civil litigation 4 Comments on Sexual harassment solicitor ordered to pay indemnity costs
Junior/trainee solicitor Catherine Mia Hill began working with Owen Hughes’ Bangalow based law firm Beesley and Hughes Lawyers in May 2015. The evidence showed that that he thought Hill was attractive, wanted to be in a relationship with her and that he communicated that to her. Hughes offered to represent her in a mediation for her own family law matter, and she agreed. Continue reading “Sexual harassment solicitor ordered to pay indemnity costs”
Author adminPosted on Categories Industrial relations Leave a comment on James Cook University wins appeal against Professor Peter Ridd
In a blow to academic freedom, James Cook University (JCU) has won its appeal against a judgment in favour of a sacked academic who challenged climate science alarmism.
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