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Defamation

This Month

Former special forces soldier Heston Russell has been awarded $390,000 in his defamation case against the ABC.

Judge lashes ABC’s PR strategies

It’s all fun and games to fire off at gadfly commentators. Doing so at judges, even if only by implication, is an altogether dicier proposition.

  • Myriam Robin
Elon Musk is being sued by a student misidentified as an extremist.

How Elon Musk could beat his latest defamation lawsuit

The billionaire is no stranger to the courts when it comes to comments he’s made on social media.

  • Stephen Carter

September

Former Yale student Saifullah Khan outside the courthouse where he was acquitted of raping a fellow student.

Cleared of rape, a university student sues for defamation

A woman’s allegation led to the expulsion from Yale of Saifullah Khan, who is seeking $170 million through a lawsuit that could end her anonymity.

  • Vimal Patel

August

Linda Reynolds claims Brittany Higgins defamed her in an Instagram story and Twitter post last month.

Brittany Higgins sued by former minister over social media posts

The writ in the WA Supreme Court is the latest manoeuvre in a bitter fallout between Brittany Higgins and her former employer Senator Linda Reynolds.

  • Ronald Mizen

July

Ex-SAS commando Heston Russell in March this year.

ABC accused of ‘abuse of power’ in ex-commando’s defamation trial

Former Australian Army commando Heston Russell is suing the ABC for suggesting he was involved in the killing of an Afghan prisoner in 2012.

  • Sam Buckingham-Jones
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Ben Roberts-Smiths parents Len Roberts-Smith and Sue Roberts-Smith arriving at the Federal Court. February 16, 2022.

Defamation runs in the Roberts-Smith family

In 2013, Ben’s mother Sue Roberts-Smith launched defamation action against a colleague at Perth’s Swan Valley Anglican Community School.

  • Joe Aston
Ben Roberts-Smith at Perth Airport last month.

Ben Roberts-Smith appeals major defamation loss

The Victoria Cross winner has lodged a notice of appeal after Justice Anthony Besanko found Roberts-Smith broke the rules of war and disgraced his country.

  • Max Mason
Former Clayton Utz lawyer Bridgette Styles

High profile #MeToo client rides to the defence of embattled top silk

As defamation barrister Sue Chrysanthou faces a reprimand from the NSW Bar Council, a former client and lawyer has rushed to her defence.

  • Samantha Hutchinson
Conflict over conflict of interest: Christian Porter, Sue Chrysanthou, SC, Jo Dyer.

Bar Council spruiks top silk, as it ponders reprimanding her

The NSW Legal Services Commission is weighing up a recommendation to reprimand barrister Sue Chrysanthou after she represented former attorney-general Christian Porter.

  • Samantha Hutchinson

June

The conduct of war hero Ben-Roberts Smith during the defamation “trial of the century” could prove costly.

Papers chase Roberts-Smith for $10m

The conduct of war hero Ben-Roberts Smith during the defamation “trial of the century” could prove costly.

  • Michael Pelly
ADF

Judge condemns cowardice in the courtroom

The full judgment in the Ben Roberts-Smith case is a damning indictment of the war hero.

  • Michael Pelly
News reports that Ben Roberts-Smith is a war criminal and murderer were true, a court said.

Judge rules Ben Roberts-Smith ‘not an honest and reliable witness’

While polite in the box giving evidence, Australia’s most decorated soldier was ultimately a liar, a Federal Court judge ruled.

  • Max Mason
Ben Roberts-Smith at the start of the defamation action in 2021.

Holding heroes to account bolsters our democracy

Dogged journalists and courageous soldier-witnesses made sure that even a Victoria Cross could not stop the truth of a flawed hero coming out.

  • The AFR View

May

Drumgold ‘shocked’ police gave Higgins documents to defence

The ACT Director of Public Prosecutions said he had never seen the Australian Federal Police serving an unredacted brief of evidence before a plea.

  • Alex Mitchell and Maeve Bannister
Mike Watkins advertised for his trading business “The Holistic Trader” on YouTube.

Crypto defamation suit backfires on ‘influencer’

A cryptocurrency investor who sued a Perth woman for posting a negative review of his trading business on the website Trustpilot has been ordered to pay more than $30,000.

  • Jessica Sier
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April

Bruce Lehrmann outside the Federal Court in Sydney last month.

Judge allows Bruce Lehrmann to sue Ten, News Corp for defamation

Bruce Lehrmann’s defamation action against two media companies can proceed, a judge has ruled.

  • Sam Buckingham-Jones
The settlement is too late to save Fox News from the brand damage the disclosures from legal filings has caused.

10 opinion pieces for the weekend

From who is on the block for the Fox News disaster to how Star Entertainment went from bad to worse. Here are 10 thoughtful opinion pieces from the past week.

Rupert Murdoch and son Lachlan were key to the strategy of arresting falling ratings.

Fox diehards none the wiser but Murdoch’s strategy may no longer pay

With such high costs following the $1.2 billion defamation settlement, will Fox really repeat its strategy when confronted with falling ratings?

  • Matthew Cranston
Fox

Fox settlement no reckoning for Murdoch

The $1.2 billion settlement was among the highest for a US defamation lawsuit. But some think the media magnate should have faced a stiffer penalty.

  • Michael Grynbaum
John Poulos, chief executive officer of Dominion Voting Systems, center, speaks during a news conference outside Delaware Superior Court in Wilmington, Delaware, US, on Tuesday, April 18, 2023. Fox News agreed to settle a defamation lawsuit by Dominion Voting Systems Inc. alleging the network defamed it by airing bogus claims that it rigged the 2020 presidential election against Donald Trump.

Aussie fund gets a piece of Dominion Voting spoils

Dominion Voting Systems versus the Murdochs’ Fox News has been thrilling viewing – even if we never got to the main act. 

  • Anthony Macdonald