Defamation Law: The Essentials
Join our defamation experts to learn what is defamatory and when actionable defamation has occurred. Master both defamation pleadings and evidentiary considerations that are critical to successful outcome. Examine the key defences to a defamation claim and delve into optimal approaches & tactics for quantifying damages. Finally, consider the the finer points of defamation dispute resolution. WEB226N31
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Nick Ferrett KC, Chambers 33
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Defamation and the Cause of Action: What is Defamatory and When has Actionable Defamation Occurred?
- Publication
- Identification
- What is defamatory, Including the definition of defamatory and giving examples taken from the authorities
- Brief overview of the significant defences [because if it is defensible it is not actionable] including;
- Truth
- Honest opinion
- Qualified privilege
Presented by Parisa Hart, Barrister, 2nd Floor Selborne Chambers
9.50am to 10.35am Common Defences to a Defamation Claim
- Justification and contextual truth
- Absolute and qualified privilege
- Honest opinion
- Public interest defence
Presented by Jarrad Parker, Executive Counsel, Nine Entertainment Co Pty Ltd
10.35am to 11.20am Quantifying Damages in Defamation Cases
- How to quantify damages?
- What is economic and non-economic loss?
- What is aggravating conduct?
- How can the statutory cap be broken?
Presented by Barry Dean, Barrister, Level 3, 153 Phillip Barristers
11.20am to 11.35am Morning Tea
11.35am to 12.20pm Defamation: Pleading Matters
- Essential elements of the statement of claim, pleading imputations & anticipating the defence
- Common pitfalls in pleading a defence
- When to reply
- Recent case profiles: Stead, Green & more
Presented by Alex Nelson, Barrister, Sir Harry Gibbs Chambers
12.20pm to 1.05pm Resolving Defamation Disputes
- Offers of amends and offers of compromise
- Structuring settlements
- Apologies and retractions
- Timing and other practical issues
- Facilitated settlement, mediation and other ADR techniques
- The terms of settlement
Presented by Sophie Dawson, Partner, Bird & Bird
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Nick Ferrett KC
Nick Ferrett is a commercial barrister based in Brisbane. He has more than 20 years of experience conducting trials and appeals in commercial and defamation cases. Nick works with solicitors, and, where appropriate, with in-house counsel to help resolve disputes.
Parisa Hart
Since being called to the bar in 2016, Parisa has been briefed in a vast area of law and has significant experience in Defamation Law and Criminal Law. She is an active member of the legal profession and is a member of the Young Lawyers Civil Litigation, Communications, Entertainment and Technology Law, Criminal Law and Family Law Committees. Parisa is also on the External Junior Counsel Panel and has appeared as Junior Counsel for the CDPP on complex Commonwealth Prosecution matters. Parisa has written articles on legal topics which have been published in the BarNews Journal and the Australian Bar Review.
Jarrad Parker
After working with top tier national and global firms for over a decade, Jarrad is now an Executive Counsel at Nine Entertainment Co, working in both media and employment law. In the media law space, he provides pre- and post-publication advice and representation in relation to television, print and radio publications, in areas including defamation, contempt of court, statutory restrictions on publication, copyright and trespass. Jarrad also has expertise in relation to the full range of employment law issues, including drafting employment documentation, delivering training to employees and managers, and providing advice and acting in relation to various employment-related claims.
Barry Dean
Barry is an experienced junior barrister who specialises in regulatory, defamation and media law while maintaining a broad practice that encompasses commercial disputes, administrative appeals and white-collar criminal defence and prosecution. He has particular expertise in commercial, civil, administrative and defamation disputes involving allegations of regulatory, criminal or other misconduct. Barry has acted as junior counsel in some of the higher profile defamation proceedings in recent years including for Senator Hanson-Young in interlocutory stages and in the High Court, former Commonwealth Opposition Leader Dr John Hewson and for Dr Elaine Stead against the Australian Financial Review. He routinely advises individual clients (both potential plaintiffs and defendants) in respect of defamation.
Alex Nelson
Alex Nelson is a barrister practising primarily in defamation litigation but he has maintained a part of his practice in criminal law jury trials and sentencing in the superior courts. He has more than 20 years of experience in the law, commencing as a full time Army Legal Officer before moving into private practice as a solicitor in a commercial law firm. That was followed by 8 years as principal of his own law firm undertaking work in commercial litigation, crime, and family law. He was called to the bar in 2010 and since that time he has enjoyed great success in commercial litigation, criminal law and defamation. Highlights of his career to date include obtaining an acquittal in a murder trial, appearing in a complex fraud trial that lasted three months and appearing in defamation claims involving a former Prime Minister, Google Inc, Facebook, Instagram, Bauer Media and many others. Some of the judgments that he has obtained are regularly cited in defamation litigation.
Sophie Dawson
Sophie has been recognised as a leading media lawyer in the directories since at least 2001, and is now a partner in Bird & Bird’s global media, entertainment and sports practice. The Bird & Bird Media, Entertainment and Sports practice attracts tier 1 global rankings in the major directories including Chambers and the Legal500. Sophie is ranked as a leading individual in Doyles and in the other major directories including the Asia-Pacific Legal 500, Chambers Asia Pacific, Best Lawyers and Euromoney’s Women in Business Law. Throughout her career she has acted for media, internet and technology companies in relation to content regulatory matters, and defamation, privacy and technology advice and disputes. She is a co-author of Thomson Reuter’s loose-leaf service, Media & Internet Law & Practice. She is also delighted to be Bird & Bird Sydney’s diversity & inclusion partner.