Recent Cases

Hanson v Burston [2023] FCAFC 124 (16 August 2023) (Wigney, Wheelahan and Abraham JJ)


Catchwords:


DEFAMATION – where comments were made during an oral interview broadcast on national television – where it was pleaded that the interview conveyed imputations that the respondent sexually abused a female staffer in his parliamentary office (fourth imputation), and that the respondent physically assaulted someone without provocation (sixth imputation) – appeal from the primary judge’s decision that the fourth and sixth imputations were carried – appeal from the primary judge’s decision that the fourth and sixth imputations were not substantially true – whether the primary judge erred in finding that the fourth and sixth imputations were carried – whether the primary judge erred in finding that the substantial truth of the fourth and sixth imputations had not been proven

HELD – the fourth imputation was carried – the substantial truth of the fourth imputation had been proven – the sixth imputation was not carried – appeal allowed, with costs