| FEDERAL COURT OF AUSTRALIA
Deeming v Pesutto (No 3) [2024] FCA 1430 | |
| File number: | VID 1023 of 2023 |
| Judgment of: | O'CALLAGHAN J |
| Date of judgment: | 12 December 2024 |
| Catchwords: | DEFAMATION – proceeding against the Leader of the Opposition in the Victorian Parliament brought by a Member expelled from the Parliamentary Liberal Party – imputations pleaded in respect of five impugned publications – consideration of whether imputations conveyed –– consideration of whether publication of defamatory matter about the applicant has caused, or is likely to cause, serious harm to her reputation within the meaning of s 10A(1) of the Defamation Act 2005 (Vic) (the Act) – serious harm found – defences of public interest under s 29A of the Act, honest opinion under s 31 of the Act, Lange qualified privilege and contextual truth under s 26 of the Act pleaded – where defences not made out – where applicant sought general damages for non-economic loss – where applicant sought aggravated damages – assessment of damages – quantification of damages |
| Legislation: | Defamation Act 2005 (Vic) ss 10A, 10A(1), 20, 20(1), 20(2), 26, 29A, 29A(1)(b), 29A(3)(a), 29A(3)(g), 31, 31(4), 31(4)(a), 31(5)(b)(i), 34, 35(2), 35(2A), 35(2B), 36
Evidence Act 1995 (Cth) ss 56, 81 Judiciary Act 1903 (Cth) s 79 Defamation Act 2013 (UK) s 1 |
| Cases cited: | Agustin-Bunch v Smith (No 3) [2023] VSC 277
Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 Australian Broadcasting Corp v Chau Chak Wing (2019) 271 FCR 632 Australian Broadcasting Corp v McBride (2001) 53 NSWLR 430 Banks v Cadwalladr [2019] EWHC 3451 (QB) Banks v Cadwalladr [2023] KB 524 Barilaro v Google LLC [2022] FCA 650 Barron v Vines [2016] EWHC 1226 (QB) Bazzi v Dutton (2022) 289 FCR 1 |
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