Defamation
Case studies
Defamation litigation
While Freehills regularly acts for John Fairfax Publications Pty Limited defending defamation actions brought against it, some are more high profile than others. Rene Rivkin, one of Sydney's best known stockbrokers, has sued Fairfax for publications in The Australian Financial Review and The Sydney Morning Herald. Rivkin has appealed from the jury's decision in the proceedings in favour of Fairfax and the matter is presently awaiting the decision of the NSW Court of Appeal. Kerry Packer has also sued Fairfax, commencing proceedings in the ACT. Despite the traditional difficulty in transferring matters from one jurisdiction to another, we successfully applied to the Court to transfer the proceedings to NSW where the proceedings will now be dealt with in accordance with the procedures of the NSW Supreme Court. These cases demonstrate the significance of the jury's (albeit) diminished role and the need for effective and thorough representation from the earlier stages of proceedings.
Contempt litigation
We act in contempt proceedings against Fairfax, which Fairfax appealed to the New South Wales Court of Appeal, seeking declarations that certain subsections of the Supreme Court Act, which impose a mandatory in camera requirement and a reporting prohibition on Court of Appeal proceedings, were invalid. The challenge was based on the grounds that they infringed the implied constitutional right to communicate on political and governmental matters and raised jurisdictional issues. The proceedings were recently before the High Court with the result that part of the matters to be determined are now again before the Court of Appeal for decision. The proceedings clearly have significant implications for the law of contempt and the way in which appeals from prosecutions are conducted and reported.
Suppression orders / Media access to courtrooms and documents
When various charges were brought against students of the Trinity Grammar School, the parents of the accused boys applied to the Court, on each occasion the matter came before the it, to prevent any reporting of the proceedings by having the media excluded from the courtroom. We were instructed to act for John Fairfax Publications Pty Limited, News Limited, Channels 7, 9 and 10 as well as the Australian Broadcasting Corporation to resist those attempts up to and at the hearing of the case. We were successful on each and every occasion with the result that the public was able to follow the proceedings through the press.
Defamation litigation
While Freehills regularly acts for John Fairfax Publications Pty Limited defending defamation actions brought against it, some are more high profile than others. Rene Rivkin, one of Sydney's best known stockbrokers, has sued Fairfax for publications in The Australian Financial Review and The Sydney Morning Herald. Rivkin has appealed from the jury's decision in the proceedings in favour of Fairfax and the matter is presently awaiting the decision of the NSW Court of Appeal. Kerry Packer has also sued Fairfax, commencing proceedings in the ACT. Despite the traditional difficulty in transferring matters from one jurisdiction to another, we successfully applied to the Court to transfer the proceedings to NSW where the proceedings will now be dealt with in accordance with the procedures of the NSW Supreme Court. These cases demonstrate the significance of the jury's (albeit) diminished role and the need for effective and thorough representation from the earlier stages of proceedings.
Contempt litigation
We act in contempt proceedings against Fairfax, which Fairfax appealed to the New South Wales Court of Appeal, seeking declarations that certain subsections of the Supreme Court Act, which impose a mandatory in camera requirement and a reporting prohibition on Court of Appeal proceedings, were invalid. The challenge was based on the grounds that they infringed the implied constitutional right to communicate on political and governmental matters and raised jurisdictional issues. The proceedings were recently before the High Court with the result that part of the matters to be determined are now again before the Court of Appeal for decision. The proceedings clearly have significant implications for the law of contempt and the way in which appeals from prosecutions are conducted and reported.
Suppression orders / Media access to courtrooms and documents
When various charges were brought against students of the Trinity Grammar School, the parents of the accused boys applied to the Court, on each occasion the matter came before the it, to prevent any reporting of the proceedings by having the media excluded from the courtroom. We were instructed to act for John Fairfax Publications Pty Limited, News Limited, Channels 7, 9 and 10 as well as the Australian Broadcasting Corporation to resist those attempts up to and at the hearing of the case. We were successful on each and every occasion with the result that the public was able to follow the proceedings through the press.