There are huge developments in disputes over reputation and privacy rights. As defamation law continues to dominate headlines and challenge practitioners, courts, legislators and the media alike are grappling with evolving standards of reputation and accountability. Recent legislative reforms have given rise to new privacy rights. This advanced-level program brings together leading practitioners to unpack the most significant recent developments and explore where defamation law and the new legislation is heading. Gain insights into the impact of major recent cases, the operation of the new defamation and privacy reforms and the growing intersection between defamation, privacy and digital publication.
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
A number of high profile defamation decisions have featured heavily in the media in recent times. These include:
- Al Muderis v Nine Network Australia Pty Limited [2025] FCA 909
- Roberts-Smith v Fairfax Media Publications Pty Ltd (No 41) [2023] FCA 555; (2023) 417 ALR 267 ; Roberts-Smith v Fairfax Media Publications Pty Ltd [2025] FCAFC 67 (and the failed application for special leave in the High Court)
- Lehrmann v Network Ten Pty Ltd (2024) 422 ALR 507 and the appeal from that decision which is due to be handed down shortly
- Reynolds v Higgins [2025] WASC 345
- Deeming v Pesutto (No 3) [2024] FCA 1430
While there was much media coverage (and heat) in such proceedings, what learnings can defamation lawyers take from the proceedings? Did they change or develop the law in any meaningful way? Are these proceedings representative of broader trends in defamation proceedings or are they outliers that simply proved the old adage that the media likes nothing more than reporting about itself?
Issues to be considered include:
- Has the tide turned? Are defendants now more likely to succeed? What has been the impact of the recent reforms to the Defamation Act?
- The public interest defence
- How to go about proving justification
- What role for qualified privilege in publications to the public?
- Is "serious harm” the game changer we thought it might be?
Presented by Marcus Hoyne, Barrister, Owen Dixon Chambers West; Doyle's Guide 2025 VIC Recommended Junior Counsel – Technology, Media and Telecommunications
- Serious harm to reputation
- Practical aspects of concern notices prior to bringing a claim
- How do concern notices influence the particulars of serious harm to reputation
- The drop in jury trials in defamation
- Federal court practice – presumption against jury trials
- Implications of the Lehrmann defamation case for future practice
Presented by Roger Rasmussen, Barrister, Frederick Jordan Chambers
- The scope of the tort
- The influence of English decisions
- Unexpected uses
- Recent decisions
Presented by Clarissa Amato, Barrister, Banco Chambers; Doyle's Guide 2025 NSW Preeminent Junior Counsel – Technology, Media and Telecommunications
Sophie Dawson, Partner, Johnson Winter Slattery; Doyle's Guide 2025 NSW Leading Technology, Media & Telecommunications Lawyer, Leading Non-Contentious Intellectual Property Lawyer
Presenters
Marcus Hoyne, Barrister, Owen Dixon Chambers WestMarcus 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.

Sophie Dawson, Partner, Johnson Winter Slattery
Sophie is a Media, Entertainment and Technology partner with extensive intellectual property, privacy and disputes experience. Sophie’s copyright experience includes acting for Nine Entertainment in litigation in which it successfully resisted an interlocutory injunction application by another media organisation in relation to a reality television cooking show, acting for two of the world’s leading computer games companies in relation to authorisation by modders of copyright infringement by end-users of popular computer games. She has also acted for IT companies in relation to strategic intellectual property issues arising in contentious matters. Sophie also acted for Samsung in relation to its 3G Telephony patent claim against Apple. Sophie is recognised as a leading TMT: Media lawyer in directories including Legal500 and Chambers AsiaPacific. She is co-author of Thomson Reuter’s Media & Internet Law & Practice and is a member of the advisory board of the UTS Centre for Media Transition.
Roger Rasmussen, Barrister, Frederick Jordan Chambers
Roger has a specialist practice in defamation with 20 years’ experience as a barrister and jury advocate. His practice also extends to criminal law and matters where intentional torts are being alleged. With a wealth of knowledge and expertise in his areas of practice, Roger has been briefed in leading defamation cases in Australia. He has appeared unled in several special leave applications in the High Court of Australia for both applicants and respondents and has been led in numerous appeals in the same court. The main jurisdictions in which he regularly appears includes the Federal Court of Australia, Supreme Court of New South Wales and Victoria, and the District Court of New South Wales. Roger ordinarily appears for plaintiffs, however when defending proceedings, he typically represents small companies. His appellate practice also sees him appear in the NSW Court of Appeal and Court of Criminal Appeal. Prior to being called to the Bar, Roger gained considerable experience as a solicitor specialising in trademarks, misleading and deceptive conduct and passing off. He graduated from the University of Sydney with a Bachelor of Laws degree, and a Bachelor of Science (with Honours) majoring in Biochemistry from the University of Melbourne.
Clarissa Amato, Barrister, Banco Chambers
Clarissa Amato is an experienced advocate practising in commercial litigation, defamation, intellectual property and media law. She is recommended in Doyles Guide to the Legal Profession for media, technology, and communications matters. She is ranked in the World Trademark Review as one of Australia's leading trademark Counsel, described as "a commercial, defamation, IP and media litigator with an excellent record...". Clarissa has a busy media and entertainment practice, spanning all areas of the law of reputation including copyright, trademark, defamation, breach of confidence, and consumer law. She has particular expertise in developments in the law of defamation and the emerging law of privacy in Australia and England, after having spent a number of years at a high profile practice in London. With more than 10 years’ experience at the NSW Bar, she is an experienced trial advocate and is particularly skilled in obtaining urgent interlocutory relief. In addition to her media and entertainment matters, Clarissa also maintains a diverse commercial practice encompassing contract disputes, cross-border insolvency matters and consumer law claims.