Defamation Law and Practice Essentials
If you want to learn what constitutes a cause of action in defamation, how to plead and defend a claim, evidentiary issues and the quantum of damages your client is likely to receive or have to pay, then attend this webinar and master the technicalities of this unique and growing area of law. WEB216N14
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: David Gilbertson KC, Howells’ List
9.00am to 9.45am Defamation and the Cause of Action: What is Defamatory and When has Actionable Defamation Occurred?
Presented by David Gilbertson KC, Howells’ List
9.45am to 10.55am Defences to a Defamation Claim
- Understanding common defences to a claim of defamation including;
- Justification
- Privilege; absolute and qualified
- Honest opinion
- Triviality
Presented by Peter Gray SC, 153 Phillip Barristers, Recommended NSW Technology, Media and Telecommunications Senior Counsel, Doyle’s Guide 2020
10.55am to 11.50am Defamation Pleadings and Evidentiary Considerations
- Pleading imputations & considering the interaction with defences
- Evidentiary considerations
- Case profiles: Rayney, Chau, Hanson-Young, Rush & more
Presented by Hannah Marshall, Partner and Daisy von Schoenberg, Senior Associate, Marque Lawyers
11.50am to 12.05pm Break
12.05pm to 1.10pm Can a Successful Plaintiff Expect A Significant Payout?
- How to quantify damages?
- What is economic and non-economic loss?
- What is aggravating conduct?
- How can the statutory cap be broken?
Presented by Evelyn Tadros, Barrister, Young’s List
Presenters
David Gilbertson KC
David Gilbertson practises in all areas of administrative, commercial, corporations, media and defamation law. His corporations law practice includes market-related matters, such as insider trading and market manipulation, and schemes of arrangement. David Gilbertson has an extensive practice in media and defamation law. As well as plaintiffs, he has acted for most of the large media outlets and several book publishers in Australia.
Hannah Marshall
Hannah Marshall is a partner at Marque Lawyers. She specialises in defamation, advertising and competition law. She's intrigued by the power of words. She provides pre-publication advice and acts on disputes for several news publishers. Some interesting cases she has worked on include the Occupy Sydney appeal about the implied freedom of political communication and political protests, defending Seven's attempt to get hold of a 'tell all' book manuscript about breakfast TV show 'Sunrise', and defending a cross-border internet defamation case brought in NSW by US online gaming giant Evony against UK blogger Bruce Everiss.
Daisy von Schoenberg
Daisy von Schoenberg is a senior associate at Marque Lawyers. She's a member of Marque's litigation and dispute resolution team and has a passion for media law and human rights advocacy. She likes the combination of technicality and creativity that often emerges in defamation disputes. Daisy enjoys working with media clients from the early pre-publication stage to ensure important investigative journalism isn’t overshadowed by defamation threats and has a particular focus on #metoo stories. She has acted for a diverse range of complainants and respondents from all backgrounds including journalists, Sydney University Student Representative Council members, novelists and even directors of ASX listed companies during the process of controversial board spills.
Peter Gray SC
Peter Gray SC was called to the Bar in 1986, and took silk in 2003. He practises widely in the commercial and common law fields, including criminal law, and has had extensive experience in the conduct of commissions of inquiry both federal and state, including the NCA and the ICAC. From 2013 to 2017, He has long experience in defamation and related media law, and has appeared in many prominent cases for both plaintiffs and defendants. He was a co-author of the “Defamation” title in Halsbury’s Laws of Australia, and has published and presented numerous papers and seminars.
Evelyn Tadros
Evelyn has 10 years’ experience in litigation and resolving disputes. She has a broad practice in commercial, public and common law and has appeared in the High Court, Federal Court, Supreme Court of Victoria as well as both the Administrative Appeals Tribunal and the Victorian Civil and Administrative Tribunal. With respect to her common law practice, Evelyn regularly advises and appears in defamation law matters, including for high profile artists, particularly in a social media context. Evelyn teaches regularly at Leo Cussen Institute, including in advocacy and administrative law and has lectured in administrative law at Australian Catholic University.