Uncategorized    June 26, 2020

John Herron and John Gill v HarperCollins Publishers Australia and Steve Cannane

Day 17 ... Former Chelmsford matron still under cross-examination ... Dr Bailey and Dr Herron pre-signed treatment forms used by nurses to administer drugs associated with deep sleep therapy ... Scientology and the Citizens Commission on Human Rights ... Matron's dispute with Dr Bailey, who was subject to swings in mood and demeanour ... An expectation that Dr Gill would stop the continuation of the treatments ... Stephen Murray reports ... more

 

Trial reports    June 24, 2020

John Herron and John Gill v HarperCollins Publishers Australia and Steve Cannane

Day 16 of the Chelmsford trial ... Julie Bothman former hospital matron cross-examined by Sue Chrysanthou ... Concerns about sedation and informed consent ... Two sides to Dr Harry Bailey ... Witness believed Dr Gill as part-owner of the hospital could influence Bailey's methods of treatment ... What was achieved by sedation for such extended periods? ... Stephen Murray reports ... more

 

Trial reports    June 23, 2020

John Herron and John Gill v HarperCollins Publishers Australia and Steve Cannane

Days 13, 14 and 15 of the Federal Court defamation trial ... Effects of deep sleep therapy ... Evidence from the nursing staff at Chelmsford Private Hospital ... Extent of suffering by patients ... Dr Harry Bailey's treatment of patients ... Former patients give evidence about the damaging effects of DST ... Stephen Murray reports ... more

 

Damages    June 23, 2020

Asbog Veterinary Services Pty Ltd & Anor v Barlow

District Court of Queensland awards $25,000 in aggravated damages over defamatory online reviews about a veterinary practice ... Expense in treatment for a Beagle ... Alleged mark-up on medications and consultation ... Imputations not justified ... Vet described as "grumpy" ... Honest opinion unsuccessful ... Defendant an advocate for "fair online reviews" ... Stephen Murray reports ... more

 

Damages    June 22, 2020

Smith v Jones

District Court of NSW ... Damages of $84,000 awarded to a solicitor for online defamation ... Abuse from a foul-mouthed building inspector ... Solicitor acting for clients against Jones in NCAT ... Non-appearance by the defendant ... Threats of continued abuse and defamation ... Permanent restraining order ... Stephen Murray reports ... more

 

Trial reports    June 19, 2020

John Herron and John Gill v HarperCollins Publishers Australia and Steve Cannane

Day 12 of the Federal Court trial and the third and final day of journalist Steve Cannane's cross-examination ... Chelmsford hospital documents stolen in the "public interest" ... Fair Game?did not say anything positive about the Chelmsford doctors ... Relying on Royal Commissioner Justice John Slattery as a trustworthy source ... Unlikely that the applicants would tell the truth if asked for a response ... Cannane said failure to contact Herron and Gill was not unfair ... Material relied on for imputations ... Stephen Murray reports ... more

 

Trial reports    June 18, 2020

John Herron and John Gill v HarperCollins Publishers Australia and Steve Cannane

Day 11 of the Federal Court defamation trial ... Journalist Steve Cannane's cross-examination continues ... Applicants' attack on the findings of the Chelmsford Royal Commission ... Suggestion that it is not safe for journalists to examine findings about events that are decades old ... Requirements of journalistic perfection ... Doctors' authority rarely questioned ... Secrecy surrounding the treatments at Chelmsford ... Applicant's attack on damaged patient Barry Hart ... Stephen Murray reports ... more

 

Trial reports    June 18, 2020

John Herron and John Gill v HarperCollins Publishers Australia and Steve Cannane

Day 10 of the Federal Court defamation trial ... Treatment at Chelmsford Private Hospital ... Journalist Steve Cannane cross-examined ... The role of endnotes in the book Fair Game ... Pressed on sources, oversights, use of transcript, reliance on manuscripts ... Role of Chelmsford patient Barry Hart ... Suppressing the identity of witnesses ... Stephen Murray reports ... more

 

Trial reports    June 15, 2020

John Herron and John Gill v HarperCollins Publishers Australia and Steve Cannane

Opening submissions for the respondents on day nine of the trial conducted by video conference ... The applicants have been unrepentant in their views that deep sleep therapy was respectable ... Incredible that the respondents find themselves in court on this "entirely inappropriate treatment" ?... Defences of statutory qualified privilege, truth, contextual imputations ... Fair Game was?carefully researched by a responsible journalist ... Damages and mitigation ... Order for former patients' anonymity refused by Justice Jagot ... Stephen Murray reports ... more

 

Appeals    June 14, 2020

Serafin v Malkiewicz

The UK Supreme Court considers the public interest defence in defamation ... Lord Wilson traces the origin of the defence from the common law ... "Like a butterfly shedding its chrysalis and taking wing" ... Reynolds defence and responsible journalism ... Checklist of factors from Reynolds should not be imported to determine the public interest defence ... Qualified privilege "laden with baggage" ... Lessons for Australia and the law reform review ... Professor David Rolph comments ... more

 

Trial reports    June 12, 2020

John Herron and John Gill v HarperCollins Publishers Australia and Steve Cannane

John Herron too ill to continue with cross-examination ... Specialist unable to provide a long-term assessment of the applicant, but a degenerative issue is possible ... Confusion with earlier parts of his evidence ... Reputation witness grilled by Blackburn SC ... Disagrees that deep sleep therapy was "disgraceful" medical treatment ... Stephen Murray reports on day seven of the defamation trial ... more

 

Trial reports    June 10, 2020

John Herron and John Gill v HarperCollins Publishers Australia and Steve Cannane

Day six of the Federal Court defamation trial ... ?John Herron under cross-examination ... Whether or not sedation was administered to Chelmsford patients prior to electro-convulsive therapy ... Patients' tolerance to barbiturates ... Cause of death ... Query about the half-life of Tuinal ... Herron not able to resume giving evidence on medical advice ... Family reputation witnesses called ... Stephen Murray reports ... more