Thursday, 20 March 2025
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 0.5 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair
Andrew Munro, Partner, Wardell Chambers
Presenters
Andrew Munro, Partner, Wardell ChambersAndrew 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.
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.
