Thunder Studios Inc (California) v Kazal [2016] FCA 1598

In the Federal Court of Australia:

CONTEMPT OF COURT – where respondent fails to comply with mandatory order – onus of proof of respondent’s ability to comply with orders – whether onus on applicant to negate or respondent to raise issue or rebut case that respondent failed to use or used best endeavours to comply with order

CONTEMPT OF COURT – bringing improper pressure on party or party’s lawyer involving likelihood of obstruction of or interference with administration of justice – whether publications had capacity to bring improper pressure

DEFAMATION – publication and republication – whether reference to website or display of URL address is capable of being itself republication of contents of website – public display of website or URL address with invitation to visit to “read the full story” – whether such reference or display republished contents to be found on website containing “full story”

DEFAMATION – whether publication only to party’s lawyer or agent capable of amounting to actionable publication – principles of publication and republication of matter complained of

Mark Polden appeared for the First and Second Applicants.