Defamation Misrepresentation

Defamation Misrepresentation

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.

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 7and 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.


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