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The Court dismissed a late application by self-represented defamation plaintiffs to elect jury trial out of time, finding no sufficient basis to extend time.
Interlocutory motion for document production, subpoenas and an adverse inference direction was dismissed; the Court ordered the plaintiffs to pay costs.
The District Court refused an adjournment and subpoena, found serious harm under s 10A of the Defamation Act 2005 (NSW) was not established, and dismissed the defamation case.
The Court granted leave to amend a defamation defence, holding the proposed particulars about the ATC dispute were capable of supporting justification and contextual truth.
The Supreme Court of New South Wales granted leave to amend a defamation statement of claim, subject to an election between overlapping imputations.
The Court set aside a broad subpoena to police in a defamation case, finding no legitimate forensic purpose and treating it as an abuse of process.
Leave was granted under s 23 of the Defamation Act 2005 (NSW) to commence fresh proceedings concerning one publication, with timetable orders made.
Greenwich v Latham (No 2) [2025] FCA 131
The Federal Court dismissed Alexander Greenwich’s application for a permanent injunction restraining Mark Latham from republishing a defamatory imputation.
O'Shanassy v Turland (No 3) [2025] NSWDC 27
In a defamation case, the court refused to set aside a Westpac subpoena, finding the requested bank records were apparently relevant and granting general access.
Kelly v UNSW [2025] NSWDC 24
The court struck out the defamation claims for failure to comply with concerns notice requirements and limitation issues, and left the intimidation claim to be repleaded.
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