Category Archives: Defamation law (Australia)

Sydney restaurant Cairo Takeaway counter-sues pro-Israel activist, claiming he trespassed to ‘ambush’ staff

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The Newtown eatery is counter-suing Ofir Birenbaum, who launched defamation action against the popular restaurant

An Egyptian restaurant in Sydney is counter-suing a pro-Israel activist over a News Corp stunt, alleging he trespassed on the popular eatery in a bid to get a “negative reaction” from staff.

Ofir Birenbaum went to Cairo Takeaway, a popular restaurant in Sydney’s Newtown, in February wearing a Star of David cap and necklace alongside reporters from the Daily Telegraph. The undercover operation, later revealed to be dubbed “undercover Jew” internally by the paper, made international headlines after it backfired.

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Sam Groth’s ambition to be premier meant articles on relationship with wife ‘not idle gossip’, News Corp claims

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Court told new privacy laws shouldn’t apply to Herald Sun stories alleging Victorian MP’s wife, Brittany, was underage at start of relationship

News Corp stories alleging Sam Groth began dating his wife, Brittany, while she was underage were far from “idle gossip” given the claims were being “weaponised” by rivals of the Victorian Liberal MP, who aspires to become premier, the publisher has told a court.

The Herald and Weekly Times (HWT), reporter Stephen Drill and Herald Sun editor Sam Weir are being sued in the federal court over a series of articles published in July. Groth is suing for defamation while his wife has launched the first test case of new laws for serious invasions of privacy.

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News Corp had no first-hand source suggesting Sam Groth’s wife underage at start of relationship, MP’s lawyer tells court

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Australia’s new privacy laws to be tested as Victorian Liberal MP and wife Brittany Groth sue over Herald Sun articles

A News Corp journalist had “not one piece of information” to suggest the deputy Victorian Liberal leader, Sam Groth, began a relationship with his wife when she was underage, the MP’s lawyers have told a court.

In what a federal court judge described as a “test case” for Australia’s new privacy laws, Groth and his wife, Brittany, are suing the Herald and Weekly Times (HWT), reporter Stephen Drill and the Herald Sun’s editor, Sam Weir, over a series of articles published in July.

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Brittany Higgins’ husband David Sharaz to pay $92,000 for tweet that defamed Linda Reynolds, court orders

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Sharaz also liable for former defence minister’s legal costs on an indemnity basis, which is expected to exceed $500,000

David Sharaz has been ordered to pay $92,000 for social media posts the Western Australian supreme court found were defamatory against former defence minister Linda Reynolds.

Sharaz, a former journalist and Higgins’ now-husband, has also been found jointly responsible for another defamatory tweet to which Higgins responded, according to the court’s orders.

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Herald Sun failed to seek response from Victorian MP Sam Groth and wife before article that invaded privacy, court documents claim

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Groth and wife Brittany are suing a News Corp paper for defamation and breach of privacy over incorrect claims of inappropriate relationship

The Herald Sun failed to seek a response from Brittany Groth, the wife of Sam Groth, the Victorian Liberals deputy leader and former tennis star, before wrongly outing her as a victim of child sexual assault who was preyed upon by her now-husband when he was her coach, the couple allege in federal court documents.

The Herald and Weekly Times, along with reporter Stephen Drill, who wrote the articles, and his editor Sam Weir, are being sued in the federal court by Brittany Groth, in the first test of a new statutory tort for serious invasions of privacy, and by Sam Groth for defamation.

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Brittany Higgins ordered to pay almost $350,000 in defamation damages to Linda Reynolds

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Former defence minister’s reputation was damaged by social media posts by her former staffer, judge rules

Linda Reynolds has won her defamation case against Brittany Higgins in the Western Australian supreme court, marking the end of a protracted legal battle with her former staffer.

The state supreme court judge Paul Tottle ruled on Wednesday that the former defence minister’s reputation was damaged by social media posts published by Higgins in July 2023.

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Australian actor Rebel Wilson sued by production company behind her own film

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UK-based AI Film has accused the actor of deliberately sabotaging The Deb’s release by making alleged threats and defamatory claims

The legal drama surrounding The Deb, Rebel Wilson’s directorial debut, has made landfall in Australia, with one of the production companies behind the venture filing a lawsuit against Wilson in the New South Wales supreme court this week.

UK-based AI Film, represented by Australian legal firm Giles George and high-profile barrister Sue Chrysanthou SC, accused the Pitch Perfect Australian actor of deliberately sabotaging the film’s release, alleging threats and defamatory claims had caused the production company financial and reputational damage.

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Nick McKenzie denies seeing privileged communication between Ben Roberts-Smith and his lawyers

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Investigative journalist says ‘legal strategy’ he referred to in secret recording was reference to war veteran allegedly telling his ex-wife to lie to court

Investigative journalist Nick McKenzie has denied in a Sydney court that he saw privileged communications between Ben Roberts-Smith and his lawyers during the proceedings of the war veteran’s failed defamation case against him and Nine.

The court also heard a “secret” recording where McKenzie allegedly told a witness in the defamation proceedings that Roberts-Smith’s ex-wife, Emma Roberts, and her friend Danielle Scott were “actively briefing us on his legal strategy in respect of you”.

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Journalist Nick McKenzie admits to ‘deceptive methods’ if in the public interest during Ben Roberts-Smith bid for appeal

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McKenzie was also questioned over his communications with Roberts-Smith’s ex-wife, Emma Roberts, and her friend Danielle Scott

Investigative journalist Nick McKenzie has agreed in Ben Roberts-Smith’s bid to reopen his appeal for his defamation case that he has used “deceptive methods and subterfuge” to obtain information “on occasion if it is in the public interest”.

McKenzie was cross-examined on Thursday afternoon by Roberts-Smith’s lawyer, Arthur Moses SC. It’s part of a two-day hearing in which the war veteran is arguing the appeal should be reopened in light of new evidence that he claims shows there was a “miscarriage of justice” in the defamation proceedings caused by McKenzie’s alleged “misconduct”.

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Nine journalist Nick McKenzie allegedly told of Ben Roberts-Smith’s ex-wife’s planned legal action

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Roberts-Smith argues his unsuccessful defamation case against McKenzie and Nine newspapers should be retried because of a ‘miscarriage of justice’

The Nine journalist Nick McKenzie was told about a legal action Ben Roberts-Smith’s ex-wife planned to take against the war veteran ahead of his defamation trial, a court has heard, with the informant allegedly telling him “it’s always good to be on the front foot”.

On Tuesday the federal court of Australia heard that a friend of Emma Roberts had told McKenzie that Roberts-Smith was planning to notify and write to the Commonwealth director of public prosecutions (CDPP) about an alleged “breach” and to “restrain any further publications being made”.

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This article was amended on 2 May 2025. An earlier version incorrectly stated that Nick McKenzie was told Emma Roberts planned to contact the CDPP. McKenzie was told that Ben Roberts-Smith planned to do this.

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Ben Roberts-Smith demands defamation retrial citing alleged recording of Nine investigative journalist

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Federal court hears Nick McKenzie allegedly told a witness that Roberts-Smith’s ex-wife and her friend were ‘actively briefing us on his legal strategy’

Ben Roberts-Smith has argued his case should be retried because there was a “miscarriage of justice” caused by the alleged “misconduct” of Nick McKenzie, the Nine journalist whom Roberts-Smith unsuccessfully sued for defamation.

In an interlocutory application, published by the federal court in Sydney on Monday, Roberts-Smith claimed that McKenzie “engaged in wilful misconduct in the proceedings by improperly and unlawfully obtaining and retaining information concerning [Roberts-Smith’s] legal strategy concerning the trial that was confidential and privileged”.

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Jacinta Nampijinpa Price to pay federal court over delay in defamation defence

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Legal team for NT senator and shadow Indigenous Australians minister failed to file defence on time

The Northern Territory senator Jacinta Nampijinpa Price has been ordered to pay up by the federal court, before a defamation suit against her has properly begun.

The shadow Indigenous Australians minister is being sued by the Central Land Council chief executive, Lesley Turner, over a media release which he claims defamed him.

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Moira Deeming created ‘extreme’ political problem akin to ‘lobster with a mobster’ incident, defamation trial told

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John Pesutto had to ‘cauterise the damage’ to the Victorian Liberal party caused by MP’s conduct, lawyer argues

John Pesutto’s lawyer has rejected claims the Victorian Liberal leader created a “false narrative” in order to expel Moira Deeming, telling a court he acted to “cauterise the damage” after neo-Nazis gatecrashed a rally the MP helped organise.

Deeming, who now sits on the crossbench after her expulsion from the state parliamentary Liberal party, is suing Pesutto for allegedly falsely portraying her as a Nazi sympathiser after she spoke at the Let Women Speak rally held on 18 March 2023, which was gatecrashed by neo-Nazis. Pesutto has denied the claim.

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Peta Credlin texted warning about Moira Deeming expulsion to Victorian Liberal leader’s staffer, court hears

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Defamation trial told of message from Sky News host to John Pesutto’s chief of staff while helping to set up office

Sky News host Peta Credlin warned against expelling Moira Deeming from the Victorian Liberal party room in a text message to John Pesutto’s chief of staff, whose office she was then helping to set up, a court has heard.

Deeming, now an independent MP after her expulsion, is suing the Victorian opposition leader for allegedly falsely portraying her as a Nazi sympathiser after she spoke at the Let Women Speak rally held on 18 March 2023, which was gatecrashed by neo-Nazis. Pesutto has rejected the allegation.

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Walkley-award winning journalist to investigate potential issues in ABC’s Line of Fire reports

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Alan Sunderland to undertake independent review of online article and 7.30 story about an Australian military operation in Afghanistan

The ABC has appointed veteran journalist and media executive Alan Sunderland to undertake an independent review of the broadcaster’s Line of Fire reports about an Australian military operation in Afghanistan.

The Line of Fire reports concern an online article and 7.30 story by one of the ABC’s most experienced journalists, Mark Willacy from the ABC’s Investigations unit.

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Moira Deeming kept ‘Liberal party mentor’ Peta Credlin in the loop ‘at all times’ amid Nazi stoush, court hears

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Trial shown messages between MP and Sky News host discussing defamation action against Victorian Liberal leader John Pesutto

Moira Deeming viewed the Sky News host Peta Credlin as a Liberal party “mentor” when the pair liaised after the MP was ousted by the Victorian party last year, the federal court has heard.

Deeming is suing the Victorian Liberal leader, John Pesutto, for allegedly falsely portraying her as a Nazi sympathiser after she helped organise and spoke at the “Let Women Speak” rally on 18 March 2023 which was gatecrashed by neo-Nazis. She was expelled from the party less than two months later after initially being suspended in the days after the rally.

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Moira Deeming agrees her trans and gender-diverse views are ‘controversial’ as cross-examination begins

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Expelled Liberal MP testifies in high-stakes defamation case against Victorian opposition leader John Pesutto

Ousted Victorian Liberal MP Moira Deeming agreed her views on transgender and gender-diverse people were “controversial” within the party, as she began giving evidence in a high-stakes defamation battle.

Deeming is suing the state Liberal leader, John Pesutto, for allegedly falsely portraying her as a Nazi sympathiser after she spoke at the March 2023 “Let Women Speak” rally that was gatecrashed by neo-Nazis. She was expelled from the party less than two months later after initially being suspended.

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Central Land Council CEO launches defamation case against Jacinta Price

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Lesley Turner says July media release from shadow minister for Indigenous Australians injured his ‘personal and professional reputation’

The chief executive officer of the Central Land Council has launched a federal case against Senator Jacinta Nampijinpa Price over allegations she defamed him in a media release in July.

The CEO, Lesley Turner, said the release, which has now been taken offline but was mentioned in two NT News articles, incorrectly reported that a no-confidence motion had been moved by members of the council against him.

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This article was amended on 7 September 2024 to correct the name of the land council staff member quoted by Jacinta Nampijinpa Price in her press release.

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Linda Reynolds v Brittany Higgins defamation trial to hear final arguments

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The five-week trial is scheduled to conclude after Reynolds’ lawyer Martin Bennett delivers his last remarks

Western Australia’s supreme court is on Wednesday due to hear the last arguments in the defamation trial brought by the Liberal senator Linda Reynolds against Brittany Higgins, before the judge begins his deliberations.

The five-week trial, which began at the start of August, is scheduled to conclude after Reynolds’ lawyer, Martin Bennett, delivers his final remarks.

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Sky News’ Peta Credlin helped draft Brittany Higgins’ 2021 media statement, court told

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Lawyer for Linda Reynolds tells defamation trial Credlin was told ‘completely rework wherever you see fit’

The Sky News columnist and former chief of staff to Tony Abbott Peta Credlin helped draft Brittany Higgins’ statement given to media in 2021, after her rape allegations were made public, a court has been told.

In closing arguments to Western Australia’s supreme court, where Linda Reynolds is suing Higgins for defamation, Reynolds’ lawyer Martin Bennett on Tuesday said Higgins had a “visceral hatred” towards her former employer and exaggerated how long she had to wait for counselling support following her rape allegations to “suit” her narrative.

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