[LINK] Defamation *Everywhere* via the Net?

[Roger Clarke]

Ralph Wallis <mischief@optushome.com.au>
>This decision is at odds with the decision in
>Macquarie Bank & Anor v Berg (NSW Supreme Court 1999)
>Discussed at length in
>http://www.law.usyd.edu.au/~slr/v22/n1/Internet.pdf

Justice Carolyn Simpson's decision was technically 'unreported', but see:
Privacy Law & Policy Reporter 6, 2 (July/August 1999) 21
http://www.austlii.edu.au/au/journals/PLPR/1999/39.html

Her decision in the Berg case (round 1 of several) was to deny the 
request for an injunction requiring that the web-site be removed.

This Gutnick case (round 1 of many) was about whether the Victorian 
Supreme Court has jurisdiction to hear the defamation case, and if so 
whether it is a sufficiently convenient forum in which it should be 
heard.

The judge referred to the Berg decision, and said that it didn't 
affect what he was deciding (and I'd infer that he might even be 
prepared to go along with her if confronted with the same facts that 
she was).

-- 
Roger Clarke              http://www.anu.edu.au/people/Roger.Clarke/
			            
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