Our Special Counsel and defamation solicitor, Stewart O’Connell, represented Cairo Takeaway in a Federal Court proceeding that has drawn national media attention, with coverage in The Guardian.
The background: Cairo Takeaway v Pro-Israel Activist
Cairo Takeaway, a Sydney restaurant, was involved in a defamation dispute with pro-Israel activist Ofir Birenbaum. The parties reached a confidential settlement to resolve the matter.
However, following the settlement, Birenbaum made a series of public statements claiming he had been “completely vindicated.”
Cairo Takeaway, represented by our firm, returned to the Federal Court, arguing those statements breached the terms of the confidential agreement.
The Federal Court’s ruling
The Federal Court agreed. They found that Birenbaum’s public claims of complete vindication were highly misleading and inconsistent with what had actually been agreed. Thankfully, the ruling confirmed that the confidentiality obligations in the settlement had been breached.
Solicitor Stewart O’Connell commented on the outcome:
“It was unfortunate that all the hard work that went into achieving a compromise in this matter was undone by people who wanted to spin that compromise into some kind of victory.”
O’Brien Criminal & Civil Solicitors Featured in The Guardian
This week, our client’s result attracted media interest, with The Guardian publishing coverage of the court’s findings. Read the full article here.
What this case means for defamation matters
For many clients involved in defamation proceedings, media coverage of a case outcome can itself become a legal issue, particularly where settlement terms restrict what either party can say publicly.
Confidential settlement agreements are legally binding. When a party makes public statements that contradict or misrepresent the terms of a settlement, the other party has legal avenues to respond, including returning to court to enforce the agreement.
Speak with our defamation team
If you have been involved in a defamation matter, received a concerns notice, or are dealing with a settlement dispute, our team can advise you on your options. O’Brien Criminal and Civil Solicitors offers free, no-obligation initial consultations for defamation matter.
Call us on (02) 9261 4281 or email to discuss your situation.
Stewart O'Connell is a Special Counsel at O'Brien Criminal & Civil Solicitors, bringing over 20 years of experience in criminal defence and defamation law to the firm. He holds an LLB and a Graduate Diploma in Legal Practice. Stewart has appeared as a barrister in ten jury trials, winning nine, and represented the client who received the highest defamation award in Northern Territory Court history.
He has also negotiated significant compensation settlements in defamation matters against major media organisations, including The Sydney Morning Herald, The Daily Telegraph, The Daily Mail, 7News, and The Financial Review. Earlier in his career, Stewart spent thirteen years working with the Aboriginal Legal Services and ran the Northern Territory Legal Aid office in Katherine.
In 2000, he received the National Children's and Youth Law Centre's National Award for Aboriginal Youth Lawyer of the Year. He served as the Senior Project Officer on the Inquiry into Child Sexual Abuse in Aboriginal Communities in the Northern Territory and later represented youth clients in the Royal Commission into the Protection and Detention of Children in the Northern Territory.
Stewart has also taught Criminal Law at the Australian National University. Known for his direct, empathetic communication style, Stewart prioritises achieving the best and most efficient outcome for every client, whether through skilled negotiation or vigorous courtroom advocacy.
