Westpac Banking Corporation: Defamation Claim brought by Paul Aktas and Homewise Realty
We successfully acted for Westpac Banking Corporation defending this defamation claim at first instance. The plaintiffs then appealed the decision, continuing to seek millions of dollars in damages for the publication of thirty cheques by the bank to its customers which had mistakenly been marked “Refer to Drawer”. Mallesons team of defamation solicitors worked with counsel who are specialists at the defamation bar, as well as experienced Westpac in-house counsel to achieve this result. The unsuccessful appellants have recently commenced proceedings in the High Court of Australia for special leave and we will continue to advise and act for Westpac in those proceedings.
Joint media applications on reporting restrictions
We are increasingly instructed to act on behalf of a group of media organisations in applications to remove restrictions on court reporting or to gain access to documents and other materials for the purposes of media reports. We have acted on behalf of Seven Network, Nine Network, Network Ten, ABC, SBS, Nationwide News (publisher of The Australian and the Telegraph) and Fairfax (publisher of the Sydney Morning Herald, Age and AFR).Mallesons uses its considerable experience of the relevant court procedure and the legal issues arising in this complex area in order to advise on, appear and brief counsel at such applications and ensure deadlines are met.
We have had significant success in these applications, including obtaining access to exhibits referred to in the coronial inquest into the death of Dianne Brimble on a P&O cruise ship and obtaining access to police video surveillance footage in the ongoing “Terror Nine” proceeding.
Seven Network defamation
We act for Seven Network and provide a 24/7 pre-publication and defamation service to their news and current affairs team, which includes Seven News, Today Tonight and the recently launched Sunday Night programs. We have performed this role for Seven Network for over 30 years.
Seven Network: Injunction proceedings commenced by Advanced Medical Institute (AMI)
We have acted on several occasions in reviewing reports on the Today Tonight program concerning the Advanced Medical Institute (AMI) and its treatments for male impotency and related health issues. AMI has several times commenced proceedings to restrain the broadcast of these programs, typically in the late afternoon, after normal court hours and before the broadcast of the Today Tonight program at 6:30pm. Upon receiving notice of the injunction proceedings, we work swiftly with in-house counsel at Seven Network and external counsel to prepare the material necessary to defend the program and defeat the applications.
LexisNexis: defending copyright infringement claim brought by John Fairfax Publications
We are acting for LexisNexis in its defence of copyright infringement proceedings regarding the use of headlines from the Australian Financial Review in LexisNexis's subscription news abstract service known as ABIX. Fairfax commenced proceedings as a "test case" to determine the extent of copyright protection for de minimus works and the scope of the "reporting the news" defence to copyright infringement. The trial took place in 2008, and judgment is expected shortly. The Federal Court will be required to determine some significant copyright issues, such as whether copyright subsists in headlines and titles, and the scope of compilation copyright for factual works.
Restructuring of facilities provided to the PBL Media Group
We advised the senior financiers of the PBL Media Group in connection with the buyback and restructuring of the facilities provided to the PBL Media Group in 2007. This was a complex transaction involving over 80 senior banks and 10 mezzanine lenders.
Telstra and AFL v News Ltd
We acted for Telstra and the AFL in copyright infringement proceedings in the Federal Court against News Limited, whose newspaper subsidiaries, including the Herald Sun and the Daily Telegraph websites, unlawfully posted hyperlinks to AFL video files on YouTube.
Mallesons achieved all the clients' objectives by a successful mediation which avoided the potentially significant legal costs, delay and management time associated with a protracted legal battle.
Rugby Union
We acted for the New Zealand Rugby Union in defending Federal Court litigation commenced against Australian Rugby Union, New Zealand Rugby Union and South African Rugby in a dispute with the Australian Taxation Office concerning whether fees payable for broadcast rights were royalties for the purposes of tax laws in Australia. Mallesons achieved a prompt settlement with the Australian Taxation Office withdrawing all of their claims within several weeks of the litigation being initiated.
Melbourne Storm
We act for NRL team Melbourne Storm in defending a defamation claim by three of the NRL judiciary over statements made just prior to last year's grand final. The matter is currently ongoing.
Lonely Planet - website relaunch and other digital media projects
We act for Lonely Planet, a leading global publisher of travel guides and information, which is majority owned by the BBC. Lonely Planet's traditional focus on print publishing is evolving given the advent of Web 2.0 and mobile technologies, so as to enable travellers from all around the globe to access Lonely Planet's advice via various digital technology platforms. It has also has relaunched its updated website.
Mallesons has given Lonely Planet strategic legal advice on its digital strategy, looking at risks and regulatory issues in areas such as content regulation, user generated content, and copyright. This has enabled Lonely Planet to design and develop its products and refine its strategy to achieve its business outcomes while minimising any legal risks.