25 October 2022

In the last week, two decisions handed down the NSW District Court carefully examined the new requirements for “serious harm” in defamation cases. On 1 July 2021, the Defamation Act 2005 (NSW) (“the Act”) enacted new provisions which created a requirement for the plaintiff to prove serious harm. Section 10A, an adaptation from section 1 […]

The District Court of NSW has confirmed it holds the power to grant permanent injunctions. In a defamation case handed down last week by Her Honour Judge Gibson, the Court awarded the Plaintiff a permanent injunction. This confirms the court’s powers which were somewhat uncertain to date. Food blogger eats words after Court orders him

In a decision handed down on an Instagram defamation case earlier this week, the District Court set clear guidelines for how the court must address social media defamation. Last Monday, Her Honour Judge Gibson handed down a decision in relation to defamatory posts made on various Instagram videos. Importantly, Her Honour addressed some important questions