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Chapter 9 of the Civil Law (Wrongs) Act 2002 Which Was Introduced by the Civil Law (Wrongs) Amendment Act 2005 and Commenced on 23 February 2006
PROTECTING REPUTATION DEFAMATION PRACTICE, PROCEDURE AND PRECEDENTS THE MANUAL by Peter Breen Protecting Reputation Defamation Practice, Procedure and Precedents THE MANUAL © Peter Breen 2014 Peter Breen & Associates Solicitors 164/78 William Street East Sydney NSW 2011 Tel: 0419 985 145 Fax: (02) 9331 3122 Email: [email protected] www.defamationsolicitor.com.au Contents Section 1 Introduction ............................................................................................... 1 Section 2 Current developments and recent cases ................................................. 5 Section 3 Relevant legislation and jurisdiction ..................................................... 11 3.1 Uniform Australian defamation laws since 2006 ........................................ 11 3.2 New South Wales law [Defamation Act 2005] ........................................... 11 3.3 Victoria law [Defamation Act 2005] .......................................................... 13 3.4 Queensland law [Defamation Act 2005] ..................................................... 13 3.5 Western Australia law [Defamation Act 2005] .......................................... 13 3.6 South Australia law [Defamation Act 2005] .............................................. 14 3.7 Tasmania law [Defamation Act 2005] ........................................................ 14 3.8 Northern Territory law [Defamation Act 2006] .......................................... 15 3.9 Australian Capital Territory law [Civil Law (Wrongs) Act 2002] ............. 15 3.10 -
GOLD WALKLEY Conference What’S the Story Will Be Held at the National Film & Sound CATEGORY SPONSOR Archive in Canberra on November 29 & 30
WALKLEY AWARD FINALISTS ANNOUNCED THURSDAY, 18 OCTOBER 2012 From scoops to scandals, world events and previously untold stories – the Walkley Award finalists for 2012 demonstrate the ongoing strength and diversity of journalism in Australia. Finalists in the general categories of the 57th annual Walkley Awards for Excellence in Journalism were announced at simultaneous events in Sydney, Melbourne and Brisbane tonight. Media, Entertainment & Arts Alliance federal secretary Christopher Warren said the high standard of 2012 Walkley Award entries showed the enduring value of quality journalism in a challenging period for the media industry. “This year’s Walkley Award entries show that despite the financial and regulatory pressures being placed on journalists and newsrooms, the demand for high-quality, independent journalism continues growing every year,” Mr Warren said. Finalists for the Business Award, the Nikon-Walkley Awards for Excellence in Photojournalism and the Documentary Award were announced earlier this week. The 2012 Walkley Awards attracted more than 1300 entries, with winners to be announced on November 30 at the Awards Presentation and Gala Dinner at Parliament House in Canberra, broadcast on SBS. A special Capital Edition of The Walkley Foundation’s annual media GOLD WALKLEY conference What’s the Story will be held at the National Film & Sound CATEGORY SPONSOR Archive in Canberra on November 29 & 30. The conference features the best line-up of local and international speakers for any media conference in Australia, including New York Times founding interactive news editor Aron Pilhofer, ABC Director of News Kate Torney and Canberra Times editor-at-large Jack Waterford. Both the Gala Dinner and Conference are sponsored by Centenary of Canberra, an initiative of the ACT Government, to celebrate the 100th anniversary of Australia’s capital city in 2013. -
Publications for David Clune 2020 2019 2018
Publications for David Clune 2020 Clune, D., Smith, R. (2019). Back to the 1950s: the 2019 NSW Clune, D. (2020), 'Warm, Dry and Green': release of the 1989 Election. Australasian Parliamentary Review, 34(1), 86-101. <a Cabinet papers, NSW State Archives and Records Office, 2020. href="http://dx.doi.org/10.3316/informit.950846227656871">[ More Information]</a> Clune, D. (2020). A long history of political corruption in NSW: and the downfall of MPs, ministers and premiers. The Clune, D. (2019). Big-spending blues. Inside Story. <a Conversation. <a href="https://theconversation.com/the-long- href="https://insidestory.org.au/big-spending-blues/">[More history-of-political-corruption-in-nsw-and-the-downfall-of-mps- Information]</a> ministers-and-premiers-147994">[More Information]</a> Clune, D. (2019). Book Review. The Hilton bombing: Evan Clune, D. (2020). Book review: 'Dead Man Walking: The Pederick and the Ananda Marga. Australasian Parliamentary Murky World of Michael McGurk and Ron Medich, by Kate Review, 34(1). McClymont with Vanda Carson. Melbourne: Vintage Australia, Clune, D. (2019). Book Review: "Run for your Life" by Bob 2019. Australasian Parliamentary Review, 34(2), 147-148. <a Carr. Australian Journal of Politics and History, 65(1), 146- href="https://www.aspg.org.au/wp- 147. <a href="http://dx.doi.org/10.1111/ajph.12549">[More content/uploads/2020/06/Book-Review-Dead-Man- Information]</a> Walking.pdf">[More Information]</a> Clune, D. (2019). Close enough could be good enough. Inside Clune, D. (2020). Book review: 'The Fatal Lure of Politics: The Story. <a href="https://insidestory.org.au/close-enough-could- Life and Thought of Vere Gordon Childe', by Terry Irving. -
Legislative Council
22912 LEGISLATIVE COUNCIL Wednesday 19 May 2010 __________ The President (The Hon. Amanda Ruth Fazio) took the chair at 2.00 p.m. The President read the Prayers. APPROPRIATION (BUDGET VARIATIONS) BILL 2010 WEAPONS AND FIREARMS LEGISLATION AMENDMENT BILL 2010 Bills received from the Legislative Assembly. Leave granted for procedural matters to be dealt with on one motion without formality. Motion by the Hon. Tony Kelly agreed to: That the bills be read a first time and printed, standing orders be suspended on contingent notice for remaining stages and the second readings of the bills be set down as orders of the day for a later hour of the sitting. Bills read a first time and ordered to be printed. Second readings set down as orders of the day for a later hour. PRIVILEGES COMMITTEE Report: Citizen’s Right of Reply (Mrs J Passas) Motion by the Hon. Kayee Griffin agreed to: That the House adopt the report. Pursuant to standing orders the response of Mrs J. Passas was incorporated. ______ Reply to comments by the Hon Amanda Fazio MLC in the Legislative Council on 18 June 2009 I would like to reply to comments made by the Hon Amanda Fazio MLC on 18 June 2009 in the Legislative Council about myself. Ms Fazio makes two accusations, which adversely affect my reputation: That I am "an absolute lunatic"; and That apart from "jumping on the bandwagon of a genuine community campaign for easy access" at Summer Hill railway station, I did not have anything to do with securing the easy access upgrade at Summer Hill. -
Final Program
Back to the Source A national investigative journalism conference for journalists committed to uncovering state, national and international news stories that go beyond the everyday news feed. #ACIJinvestigate www.conference.investigate.org.au www.acij.uts.edu.au Back to the Source: Investigative Journalism Conference | conference.investigate.org.au | #ACIJinvestigate Welcome On behalf of the Australian Centre for Independent Journalism, a warm welcome to Australia's first national Investigative Journalism Conference, Back to the Source. The ACIJ is located in the Faculty of Arts and Social Sciences at the University of Technology Sydney. We are closely linked to the undergraduate and postgraduate Journalism programs in the Faculty and the Graduate School of Journalism. Our thanks to the Australian Broadcasting Corporation for its generous support and to our many distinguished speakers, chairs and the staff, volunteers and students who've helped make the conference possible. Now let's investigate! Tom Morton Director Australian Centre for Independent Journalism Back to the Source: Investigative Journalism Conference | conference.investigate.org.au | #ACIJinvestigate Robert Rosenthal Executive Director, Centre for Investigative Reporting @rosey18 Before joining the Centre for Investigative Reporting as Executive Director in 2008, Robert Rosenthal worked for the Boston Globe, Philadelphia Inquirer, San Francisco Chronicle and New York Times, where he broke the story on the Pentagon papers. As a reporter, Robert has won numerous awards, including the Overseas Press Club Award for magazine writing, the Sigma Delta Chi Award for distinguished foreign correspondence, the National Association of Black Journalists Award for Third World Reporting, and was a Pulitzer Prize finalist in international reporting. -
NEWSLETTER ISSN 1443-4962 No
An image taken by the ANHG editor at the NERAM Museum of Printing, Armidale, NSW, on 19 January 2020. NERAM is the New England Regional Art Museum. The Museum of Printing houses a historically significant collection of printing machinery and equipment, known as the F.T. Wimble & Co. Collection. It includes printing presses, a Linotype machine, a monotype, guillotines, book binding equipment, wooden and metal type and a history of printing in Australia from 1850 to the early 1900s. Wimble’s listed themselves as ink makers, type founders and printers’ furnishers. The Museum of Printing was officially opened on 23 April 2001 (see ANHG 12.37). Also, see 106.4.5 below for another image. AUSTRALIAN NEWSPAPER HISTORY GROUP NEWSLETTER ISSN 1443-4962 No. 106 February 2020 Publication details Compiled for the Australian Newspaper History Group by Rod Kirkpatrick, U 337, 55 Linkwood Drive, Ferny Hills, Qld, 4055. Ph. +61-7-3351 6175. Email: [email protected] Published in memory of Victor Mark Isaacs (1949-2019), founding editor. Back copies of the Newsletter and some ANHG publications can be viewed online at: http://www.amhd.info/anhg/index.php Deadline for the next Newsletter: 15 May 2020. Subscription details appear at end of Newsletter. [Number 1 appeared October 1999.] Ten issues had appeared by December 2000 and the Newsletter has since appeared five times a year. 1—Current Developments: National & Metropolitan 106.1.1 Last link with an era of Canberra newspaper history The last physical link to a fierce newspaper rivalry which played out in Canberra’s city centre more than 50 years ago looks set to be demolished (Canberra Times, 8 February 2020). -
Jimmy Hoffa: Alive, Well and Living in Australia: the Kennedy Legacy And
THE INTERNATIONAL LAWYER A TRIANNUAL PUBLICATION OF THE ABA/SECTION OF INTERNATIONAL LAW Jimmy Hoffa: Alive, Well and Living in Australia? The Kennedy Legacy and Australian Labor Law Reform LOUISE FLOYD* & MICHAEL EvAN GOLD** Introduction 1950s America was the stage for a grueling battle of wits between the Kennedy broth- ers, especially Robert Kennedy, and notorious union boss, Jimmy Hoffa.1 The related McClellan Senate Committee Inquiry unearthed appalling tales of union bullying and cor- ruption,2 and recommended substantial law reform aimed at making unions more repre- sentative of the plight of their worker-members, rather than enhancing the profile and financial well-being of union leaders.3 The result was the Labor-Management Reporting 4 & Disclosure Act or Landrum Griffin Act-which is still law in America today. Over fifty years later, a strikingly similar situation has arisen in Australia with the Royal Commission into Trade Union Corruption. This article considers both the U.S. and Aus- tralian positions on trade union law to argue how U.S. law might be adapted to improve Australian trade union governance. In so doing, the article underscores the difficulties facing U.S. Senate Committees (and similar Australian Royal Commissions) and also serves as a timely reminder of the legacy of one of America's most famous political fami- lies-and the lasting effect that legacy has throughout the world. * Associate Professor, James Cook University Law School, Australia; 2014 International Visiting Fellow, School of Industrial and Labor Relations, Cornell University, New York, USA. Dr. Floyd thanks her friends and colleagues, Associate Professor Tom Mayo and Emeritus Professor Fred Moss of Southern Methodist University Dedman School of Law (Dallas, TX, USA), for welcoming her back for her third visit to SMU during her 2014 sabbatical and allowing her to use SMU's resources in preparation of this work. -
Australian Urban Squatters of the 1970S: Establishing and Living a Radical Lifestyle in Inner-City Sydney
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Annual Report 2015-16
Annual Report 2015-16 Contents 1 | 16 | Letter from the Chair Our partners 2 | 17 | CEO report Governance 3 | 20 | Highlights from Financial report: 2015-2016 Walkley Foundation Limited 6 | Program reports 6 | Encourage excellence 8 | Promote the value of journalism The Walkley Foundation celebrates and encourages 9 | Guide the industry and craft great Australian journalism, through change telling the stories of our 13 | Be at the heart of the media nation and strengthening our democracy. 15 | Build a sustainable foundation 2 | THE WALKLEY FOUNDATION ANNUAL REPORT 2015–2016 Letter from the Chair he tremendous value of journalism to the public is on display every day. Sometimes it reforms the system, like Caro Meldrum-Hanna, Sam Clark and Max Murch’s Texpose of animal cruelty in the greyhound industry. Sometimes it puts money back in people’s pockets, like Fairfax’s 2016 investigation of a deal between the shop workers’ union and big retailers and fast-food companies. Sometimes it helps us understand the root causes of our problems, like the stories by Jess Hill on domestic violence that won the Gold in the inaugural Our Watch Awards in 2015. We value the little stories as well as the big ones. Hundreds of stories appear across Australia every day, in every medium, that all add up to informing the public about how our world works and who we are. Journalists Quentin tell the stories of Australia. We need to protect and Dempster, celebrate those stories. Chair, Walkley Board of That’s the Walkley Foundation’s mission. That’s why Trustees we’re at the heart of the media. -
Debunking Dreyfus on Free Speech and Freedom
Disclaimer : Nothing in this letter should be construed as threatening nor advocating unlawful acts. Suspects are innocent until the facts against them are proven and convicted in a court of justice. This does not discuss the contents of the current super-injunction. Debunking Dreyfus on Free Speech and Freedom Author: Brendan Jones Brisbane, QLD, Australia E-mail: [email protected] Being an Open Letter to ALP Shadow Attorney-General Mark Dreyfus MP QC regarding his speech to the HRC Free Speech 2014 Symposium Cc: Director-General of Security – ASIO, David Irvine (pp. 62-65) Online at: http://victimsofdsto.com/debunking-drefyus/ Page 1 of 66(218) September 10(11), 2014 NoFibs Journalist: “I’m a strong free speech advocate ... So I’m thrilled that shadow Attorney General Mark Dreyfus QC has taken a stand and wish him success in the long hard climb ahead.” 98 Brendan Jones: “Mr. Dreyfus is no advocate for free speech, but the fact that he has convinced you he is – and in just one short speech – has persuaded me he’s a first class barrister.” 98 Journalist Martin Hirst: “I loved that he rubbed their pretty little noses in it. He made the point strongly that the so-called “marketplace of ideas” is a conservative myth that bears little relation to reality.” 98 133 Brendan Jones: “All Dreyfus did was say he rejected it. He never explained why. Google "Sophistry"” 98 131 US Supreme Court Justice Benjamin Cardozo: ‘Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.’ US Supreme Court Justice Louis Brandeis: “Those who won our independence believed that the final end of the State was to make men free to develop their faculties, and that in its government the deliberative forces should prevail over the arbitrary. -
Ian Macdonald, Eddie Obeid, Moses Obeid and the Presumption of Innocence' the Samuel Griffith Society, Monday 26 July 2021 Chris Merritt1
Rule of Law Education Centre: Page 1 'Ian Macdonald, Eddie Obeid, Moses Obeid and the Presumption of Innocence' The Samuel Griffith Society, Monday 26 July 2021 Chris Merritt1 After last week’s2 decision by the NSW Supreme Court,3 it might seem incongruous to be discussing the presumption of innocence in relation to former NSW ministers Ian Macdonald, Eddie Obeid and Obeid’s son Moses. Justice Elizabeth Fullerton decided that all three are guilty of a conspiracy in which it was agreed that Macdonald would engage in misconduct in public office. So unless there is an appeal that overturns that verdict, there is nothing to presume: all three have been found guilty after a trial whose fairness has not been questioned. It is however worth considering what has happened in this case because it highlights a structural flaw that had the effect of forcing the judge to delay the case and abandon her plan for a jury trial. The starting point for such a trial is that the onus rests with the prosecution to overturn the presumption of innocence by proving guilt beyond reasonable doubt before an unbiased decision maker. However Justice Fullerton was confronted with public statements by the media and senior political figures that, unless addressed, could have threatened the fairness of the trial by influencing jurors. The blame, however, should not rest entirely with the media and politicians. Much of the threat to the fairness of this trial can be traced back to the adverse consequences of the NSW parliament giving less weight to the interests of criminal justice than it gives to publicising the work of its anti-corruption commission. -
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‘FOR THE UNION MAKES US … RICH?’: PREVENTING TRADE UNION CORRUPTION IN LAW AFTER THE HEALTH SERVICES UNION SAGA ∗ JOEL SILVER While uncommon, corruption amongst Australian trade union officials is nevertheless well documented and notorious. How the law responds to corruption has become the subject of renewed debate, due to allegations against several former officials of the Health Services Union, in particular Craig Thomson and Michael Williamson. This article argues in favour of revising the provisions describing officials’ duties in the federal Fair Work (Registered Organisations) Act 2009 (Cth) — the law which regulates trade unions — to more closely resemble their sister provisions in the Corporations Act 2001 (Cth). It contends that corrupt officials are best dealt with under specific ‘disloyalty’ offences, as opposed to generic property crimes (such as fraud or obtaining by deception). It also addresses a number of other potential weaknesses in the present legislative scheme. I INTRODUCTION The Commonwealth law that governs the internal affairs of employer, employee and enterprise associations is the Fair Work (Registered Organisations) Act 2009 (Cth) (‘the Registered Organisations Act’). This Act is to associations — employer organisations and trade unions1 — in many respects what the Corporations Act 2001 (Cth) is to corporations, in so far as ∗ LLB (Hons) (Melb), GDLP (Leo Cussen Institute), Australian Lawyer and Officer of the Supreme Court of Victoria. This article is based upon an essay originally completed as part of the Melbourne Law Masters subject ‘LAWS70385 Corporate and White Collar Criminal Law’. The author wishes to thank subject co-ordinator Professor Stuart P Green and the anonymous referee for their feedback.