Defamation Law Conference

Join an in-depth analysis of the pressing issues surrounding defamation law, where the members of the Judiciary, Senior Counsel and defamation experts, unpack recent developments and their implications. Key topics will include the challenges of proving serious harm in the context of social media and the evolving landscape of AI. The influence of a plaintiff's reputation on legal outcomes will be critically analysed, drawing from significant case law to highlight relevant precedents. You will also cover the implications of proposed privacy torts within the entertainment industry. Insightful contributions from a judicial leader will illuminate the practical challenges faced in today's legal environment, making this conference a must attend.

Thursday, 20 March 2025
Chair

Andrew Munro, Partner, Wardell Chambers

2.00pm to 2.50pm Defamation and Technological Advancements

 

  • Defamation on social media
    • Serious harm?
    • “Me-too”
  • Defamation and AI

Presented by Rebecca Dunn, Partner, Gilbert + Tobin; Recognised as a leading lawyer in Asia Pacific Legal 500, Best Lawyers and Doyle’s Guide

3.40pm to 3.55pm Break
3.55pm to 4.45pm The Damaged Plaintiff: How Does a Bad Reputation Affect Defamation Claims?

 

  • What can defendants do in such circumstances?
  • The relevance of a plaintiff’s bad reputation
  • The traditional prohibition on reference to other publications for proving a damaged reputation - Associated Newspapers Ltd v Dingle [1964] AC 371 (Dingle) and Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44
  • Exceptions to the Dingle principle
  • Do the prohibitions on the use of other publications to prove a plaintiff’s damaged reputation apply to the serious harm test? Consideration of the treatment of this topic in: Lachaux v Independent Print Ltd [2019] UKSC 27 (2020) AC 612 and the differing treatment in Selkirk v Wyatt [2024] FCAFC 48 and Peros v Nationwide News (No 3) [2024] QSC 193

Presented by Marcus Hoyne, Barrister, Foley’s List

Description

Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories 

 

2.50pm to 3.40pm Trends In Damages And Modern Defamation Law

 

David Gilbertson KC will discuss the latest developments in defamation law, focusing on emerging issues and challenges, and exploring current trends, recent cases and impacts on defamation claims.
Presented by David Gilbertson KC, of Owen Dixon Chambers West

4.45pm to 5.15pm Defamation Issues in an Entertainment Context

 

  • Key considerations when legalling films, podcasts and books
  • Overview of recent cases in Australia and overseas
  • How will the proposed privacy tort apply?

Presented by Marlia Saunders, Partner, Thomson Geer

Presenters


David Gilbertson KC, Owen Dixon Chambers West
David Gilbertson practises in all areas of administrative, commercial, corporations, media and defamation law. He has an extensive practice in media and defamation law. As well as plaintiffs, David has acted for most of the large media outlets and several book publishers in Australia. Most recently, David appeared in the High Court in Google LLC v Defteros [2022] HCA 27 and the Victorian Court of Appeal in Gatto v Australian Broadcasting Corporation [2022] VSCA 66


Andrew Munro, Partner, Wardell Chambers
Andrew holds a Bachelor of Laws from the University of Waikato and a Graduate Diploma in Legal Practice from the College of Law in New South Wales. With nearly 15 years of experience as a Principal Lawyer at Slater & Gordon, he has developed extensive expertise in civil, commercial, and consumer litigation. Now a barrister, Andrew has a broad practice that includes commercial disputes, estate litigation, professional negligence, and niche areas like strata disputes and defamation. He appears before all levels of Australian Courts and Tribunals, including regional and remote locations, and is known for his adaptable approach to legal challenges.


Marlia Saunders, Partner, Thomson Geer
Marlia is an experienced media/entertainment, intellectual property and privacy lawyer who has extensive top-tier law firm expertise and a unique client perspective after working as a senior in-house lawyer for many years. She recently joined national firm Thomson Geer as a Partner after working as the Senior Litigation Counsel at News Corp Australia for four years. Marlia previously worked at a top-tier international firm for 13 years where she acted for and advised most of Australia’s major media organisations, social media and streaming platforms, large corporates and government bodies. Marlia specialises in defamation, contempt of court, suppression orders, freedom of information and court access applications, confidential information claims, prepublication advice, copyright, consumer law and privacy matters. She has acted in a large number of high profile media and intellectual property disputes; advised on sponsorship, production and licensing deals; and given prepublication advice in relation to newspaper and online articles, television programs, podcasts and marketing/advertising materials. Marlia is on the Executive Committee of the Communications and Media Law Association.


Rebecca Dunn, Partner, Gilbert + Tobin
Rebecca is a partner in Gilbert + Tobin’s Tech & IP group and an experienced litigator in intellectual property and media law. She specialises in copyright, defamation, trade mark litigation, and Australian Consumer Law, with particular expertise in the online space. Her enforcement work spans national and international clients in the film and music industries, and she has litigated in the Supreme and Federal Courts, including at the High Court of Australia. Rebecca serves as President of the Communications and Media Law Alliance and is a member of several professional societies. She holds a Bachelor of Law (First Class Honours) from the University of Sydney, a Bachelor of Arts from the University of Newcastle, and a Master of Research focused on social media law and democracy.


Marcus Hoyne, Barrister, Foley’s List
Marcus Hoyne is a seasoned barrister specialising in media and defamation law, with over 25 years’ experience in commercial litigation at both trial and appellate levels. Based in Melbourne, he also practices at the New South Wales Bar and is consistently recognised as a leading junior counsel in Technology, Media and Telecommunications matters by Doyles Guide. Throughout his career, Marcus has represented major Australian media networks, including Nine/Fairfax and News Limited, as well as individual and corporate clients. He is one of the country’s most experienced telecommunications and IT barristers, having handled significant cases that reached the High Court, and has extensive expertise in areas such as intellectual property, trade practices, sports law, and administrative law.

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Defamation Law Conference

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DELIVERY MODE BELOW

Single Session
Thursday, 20 March 2025
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$294.00
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