Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bond v Barry [2008] FCAFC 115
TRADE PRACTICES – appellants claimed email of article from the first respondent, a freelance journalist, to media organisation was misleading and deceptive and not protected by the media safe harbour defence – primary judge found no reasonable prospects of success and summarily dismissed the application – proper construction of s 65A of the Trade Practices Act 1974 (Cth) – 'publication' includes communication of prescribed information from freelance journalist to media organisation – exception to media exemption in s 65A(1)(a)(i) of the Trade Practices Act – article covering corporate misdeeds not relevantly "in connection with" the provision of journalistic services – decision of primary judge affirmed
Federal Court of Australia Act 1976 (Cth) s 31A Trade Practices Act 1974 (Cth) ss 52, 65A
Advanced Hair Studio Pty Ltd v TVW Enterprises Ltd (1987) 18 FCR 1 referred to Australian Ocean Line Pty Ltd v West Australian Newspapers Ltd (1983) 66 FLR 453 referred to Carlovers Carwash Ltd v Sahathevan [2000] NSWSC 947 applied Channel Seven Brisbane Pty Limited v Australian Competition & Consumer Commission [2008] FCAFC 114distinguished General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 referred to Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 referred to Horwitz v Grahame Books Pty Ltd (1987) 8 IPR 25 referred to J F Keir Pty Limited v Sparks [2008] FCA 611 referred to Jefferson Ford Pty Ltd v Ford Motor Company of Australia Limited [2008] FCAFC 60 discussed TCN Channel Nine Pty Ltd v Ilvariy Pty Ltd [2008] NSWCA 9 applied Universal Telecasters (Qld) Ltd v Ainsworth Consolidated Industries Ltd (1983) 78 FLR 16 referred to Universal Telecasters (Qld) Ltd v Guthrie (1978) 32 FLR 360 referred to Yorke v Lucas (1985) 158 CLR 661 referred to ALAN BOND AND LESOTHO DIAMOND CORPORATION PLC v PAUL BARRY, NEWS DIGITAL MEDIA PTY LIMITED (ACN 000 529 457), NATIONWIDE NEWS PTY LIMITED (ACN 008 438 828), NEWS LIMITED (ACN 007 871 178) AND NEIL LAURENCE BREEN WAD 192 OF 2007
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