Sarah Gore

Sarah is a civil solicitor who primarily practices in defamation, intentional torts against police, privacy and harassment.

Dog groomers and food bloggers: New cases explore requirement for “serious harm”

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 […]

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District Court has power to order permanent injunctions, Court confirms

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

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District Court has power to order Permanent Injunctions, Court confirms

Instagram food fight: Court clarifies approach to social media defamation

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

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Food blogger eats his words after Court orders $300,000 for defamatory posts

A social media food blogger is dealing with an order to pay a rival blogger $300,000. This is after a NSW Court held that a series of posts from a rival blogger stating he was a “paedophile” were defamatory. The plaintiff had reached out to the Australian Cyber Security Centre and NSW Police for help

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Instagram defamation

NSW police have been strip-searching children as a method of ‘proactive’ policing

New South Wales Police strip-searched thousands during the pandemic suggesting they continue to misunderstand their own powers. NSW Police carried out more than 4,400 strip-searches over two years since the start of the pandemic. They made over 100 searches on children. This is despite continued findings against the NSWPF on their unlawful strip-searching practices. Over

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NSW Police hav e been strip-searching children as a method of proactive policing

Prison guards on strike after officer’s manslaughter charge upgraded to murder

More than 6000 prison guards across NSW are on strike today after prosecutors upgraded a charge against their colleague to murder. Wiradjuri man Dwayne Johnstone was killed in 2019 while running from prison guards after a stay at Lismore Base Hospital. Public Service Association general secretary Stewart Little said members would strike from 6am on

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Highest number of Indigenous deaths in NSW Police custody ever – doubling 1997 record

The number of Indigenous deaths in NSW Police custody in 2021 doubled the previous record set 25 years ago. In 2021, 16 Aboriginal people died while in police custody, doubling the previous record of eight in 1997. Sixteen Indigenous deaths in NSW Police custody The NSW State Coroner is responsible for investigating any death that

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Highest number of Indigenous deaths in NSW Police custody ever

Sandy Hook: Conspiracy theorist ordered to pay $70M for ‘hoax’ claims

A court has ordered US conspiracy theorist Alex Jones to pay over $70 million for claiming the Sandy Hook massacre was a hoax. The punitive damages and compensatory damages were for defamation. Neil Heslin and Scarlett Lewis sued Jones for defamation and intentional infliction of emotional distress after he claimed the mourning parents were lying

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Arrest for the purpose of questioning: Clarifying Robinson

The NSW Court of Appeal has clarified the circumstances when NSW Police can arrest someone for an interview. Harris v State of New South Wales [2021] NSWCA 208 confirmed that an officer can arrest someone with the intention of questioning them. However, they must already have the intention to charge them regardless of if they

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Arrest for the purpose of questioning Clarifying Robinson (2)
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O’Brien Criminal & Civil Solicitors
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p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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