Recent Cases

Selkirk v Wyatt [2024] FCAFC 48 (15 April 2024) (Besanko, Anderson and O’Sullivan JJ)


DEFAMATION — appeal from orders of primary judge dismissing defamation proceeding — where matter governed by, inter alia, s 10A of the Defamation Act 2005 (Vic) where the primary judge identified three separate questions — where the primary judge found that “serious harm” within the meaning of s 10A(1) of the Defamation Act not established — where primary judge did not accept that anyone thought less of the appellant as a result of the publication in circumstances where the appellant admitted she engaged in acts of deception — where primary judge took into account the limited number of persons to whom the article was published — where the primary judge decided not to consider whether the article conveyed one or more of the pleaded imputations

DEFAMATION — consideration of what constitutes “serious harm” within the meaning of s10A of the Defamation Act — consideration of Lachaux v Independent Print Ltd [2019] UKSC 27; (2020) AC 612 — whether the primary judge erred in refusing during the course of the trial the appellant’s application to call three proposed witnesses who has produced written statements — consideration of the interests of justice and s 37M of the Federal Court of Australia Act 1976 (Cth) — whether the primary judge erred in relying on the appellant’s acceptance that she had engaged in acts of deception — consideration of Colagrande v Kim [2022] FCA 409 and the onus of proof with respect to bad reputation — whether the primary judge erred in not determining the meaning of the publication and whether it gave rise to the pleaded imputations — held: appeal dismissed