Gmitrovic v Commonwealth of Australia [2016] NSWSC 418

LIMITATIONS – defamation proceedings commenced outside limitation period – related proceedings also commenced in Fair Work Commission – burden of proof on plaintiff to show it was not reasonable to commence within time period – burden not discharged – cause of action not maintainable.
  
DEFAMATION – employee of Commonwealth – alleged misconduct – Intent to Sanction Minute and Statement of Reasons circulated to supervisors and others involved in investigation – defence of qualified privilege made out.

Matthew Richardson appeared for the Commonwealth of Australia.

Fairfax Media Publications Pty Ltd v Pedavoli [2015] NSWCA 237

DEFAMATION – identification of plaintiff – articles published in major newspaper in print and online – imputations that female teacher had engaged in sexual misconduct with Year 12 boys at the school – plaintiff not named in matter complained of but identifiable by the inclusion of incorrect details – consideration of the principles in Baltinos – whether plaintiff can rely on extrinsic identifying facts acquired by readers after the matter complained of had been published to identify teacher – whether defendant implicitly invited readers to visit school website to ascertain identity of teacher.

DEFAMATION – damages – assessment of damages under sections 34 and 35 of the Defamation Act 2005 (NSW) – principles applicable in the assessment of aggravated damages – whether cross-examination unjustifiable or improper – reliance on post-publication evidence as to reputation – scope of publication.

Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7.
Defamation Act 2005 (NSW), ss 18, 34, 35; Pt 3; Pt 4.

Fairfax Media Publications Pty Ltd v Pedavoli [2015] NSWCA 237 (20 August 2015).

Lisa Pryor v Mark Latham [2015] NSWSC 529

DEFAMATION – procedure – pleadings – objections to imputations – rulings as to the capacity of the matter complained of to convey the imputations pleaded by the plaintiff – consideration of the ordinary reasonable reader’s understanding of the discourse of gender politics.

Pryor v Latham [2015] NSWSC 529 (8 May 2015)