Defamation, Injurious Falsehood vs Misrepresentation

The virtual abolition of defamation relief for companies has forced many companies seeking defamation style relief to make questionable claims in misreprentation (s.52 TPA, Australian Consumer Law) and injurious falsehood. James specialises in striking out spurious claims.

James worked for three years in the Fairfax and Herald & Weekly Times newspapers, as political press secretary on Premier Kennett’s private staff and an executive in Telstra’s Government Relations area giving him a rare insight in the main streams of media creation, interpretation and manipulation.

He completed a Graduate Diploma in Communications Law with Melbourne University’s School of Media Law before reading with regular defamation Counsel, Richard McGarvie SC.

• Cvek & Anor v Mihailescu & Ors [2019] VSC 679 (11 October 2019)
  
  
• Brott v PKF Melbourne Pty Ltd & ors  SC I 2016 02001 this matter resolved before trial.
  
  
• Seven Network (Operations) Limited v Amber Harrison [2017] NSWSC 129 (22 February 2017) an injunction brought by Channel 7 to gag Amber Harrison from criticizing her previous employer. James appeared for Ms Harrison. Considerable media interest in this matter.
  
  
• Snowy Mountains Organic Dairy Products Pty Ltd v Wholefoods Pty Ltd & Anor [2006] FCA 1361 (19 October 2006).
  
  
• Rahim v Seven Network Limited & Ors (Ruling No 3) [2010] VCC 351 (6 May 2010)
  
  
• COURTS AND JUDICIAL SYSTEM – cross-vesting – James successfully applied to force a similar proceeding in the Federal Court to merge with a state defamation proceeding in Victoria.
  
  
• Price v Crikey Media Pty Ltd & Anor [2001] VSC 392 (4 October 2001).
  
  
• PRACTICE AND PROCEDURE - Contempt of Court - Publications by litigant tending to interfere with the due administration of justice.
• In addition to regular advice work he was Counsel in the Contempt and defamation defences of Stephen Mayne’s Crikey website when allegations were brought against it by Stephen Price then of 3AW. Recently he obtained an award of $103,000.00 for a Bangladeshi Australian falsely accused of murder (Mohamed Awal v Mohamed Rouf [2004] VSC, 21 July 2004, unreported, Stott J; click here for newspaper article).

James regularly advises bloggers on potential defamation liability. James has appeared as junior to Clive Evatt QC in a defamation jury trial in the NSW Supreme Court and in March 2010 conducted a 9 day defamation jury trial in the County Court of Victoria: Vo v Nguyen. He has a good knowledge of the technical interlocutory steps in defamation proceedings. Rahim v Channel 7: and here.

See also: Holbrook v McPhee an internet defamation case involving a US client –
Holbrook and Orphancare International Inc v McPhee [2011] VCC 501 (12 April 2011)

Other matters include Mahon v Carter, a defamation and injurious falsehood proceeding in the NSW Supreme Court, acting for the defendant, and in the Federal Court in South Australia, Astra Resources PLC v Wikifrauds SAD 239 of 2012, both times acting for a public interest website dedicated to exposing commercial fraud. In Astra James also acted for the Defendant.

In Mahon, after systematic attack on the Plaintiff’s pleadings the NSWSC struck out the claim and awarded costs against the Plaintiff: Mahon v Mach 1 Financial Services Pty Ltd (No 2) [2013] NSWSC 10 see case here. In Astra the case was settled on confidential terms after a similar systematic attack on the pleadings.

The terms of the resolution of the Astra Resources proceeding are confidential.

James regularly advises on defamation matters and can quickly appraise you of your prospects.