Matthew Richardson

Gmitrovic v Commonwealth of Australia [2016] NSWSC 418

LIMITATIONS – defamation proceedings commenced outside limitation period – related proceedings also commenced in Fair Work Commission – burden of proof on plaintiff to show it was not reasonable to commence within time period – burden not discharged – cause of action not maintainable
DEFAMATION – employee of Commonwealth – alleged misconduct – Intent to Sanction Minute and Statement of Reasons circulated to supervisors and others involved in investigation – defence of qualified privilege made out

Matthew Richardson appeared for the Commonwealth of Australia

Fairfax Media Publications Pty Ltd v Pedavoli [2015] NSWCA 237

DEFAMATION – identification of plaintiff – articles published in major newspaper in print and online – imputations that female teacher had engaged in sexual misconduct with Year 12 boys at the school – plaintiff not named in matter complained of but identifiable by the inclusion of incorrect details – consideration of the principles in Baltinos – whether plaintiff can rely on extrinsic identifying facts acquired by readers after the matter complained of had been published to identify teacher – whether defendant implicitly invited readers to visit school website to ascertain identity of teacher

DEFAMATION – damages – assessment of damages under sections 34 and 35 of the Defamation Act 2005 (NSW) – principles applicable in the assessment of aggravated damages – whether cross-examination unjustifiable or improper – reliance on post-publication evidence as to reputation – scope of publication

Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7
Defamation Act 2005 (NSW), ss 183435Pt 3Pt 4

Fairfax Media Publications Pty Ltd v Pedavoli [2015] NSWCA 237 (20 August 2015)