Marks, L. & Anor v Community Newspapers (1985) Pty Ltd [1987] FCA 420

2-7,

IN THE FEDERAL COURT NOT INTENDED FOR GENERAL DISTRIBUTION

OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WAG 73 of 1987

BETWEEN: LAUREN MARKS First Applicant and WEEKLY ADVERTISER NEWSPAPERS PTY LTD Second Applicant and COMMUNITY NEWSPAPERS (1985) PTY LTD

Respondent

CORAHN: FRENCH J.

20 JULY 1987

EX _TEMPORE REASONS FOR JUDGMENT

This is a claim for urgent ex parte interlocutory relief endorsed on a substantive application brought under s.80 of the

Trade Practices Act 1974 and filed today.

The affidavit which supports the application and the claim for interlocutory relief, discloses that the first applicant is employed as the features editor with a newspaper company known as Weekly Advertiser Newspapers Pty Ltd, which is the second applicant. She has been so employed since 11 May 1987. Prior to that time, according to her affidavit, she worked as what is

called the Pacesetters editor for the respondent, Community

Newspapers (1985) Pty Ltd.

FEDERAL coy, AUSTRALIA

PPIrcip, REGISTRY

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2.

It seems from the first applicant's affidavit that on 14 July 1987 the Wanneroo Times, which 1s owned by the respondent, published a two page section under the hearing Pacesetters, using

the applicant's byline, Lauren Marks.

What is meant by "using her byline" appears from an exhibit showing a portion of the Pacesetters page in the Wanneroo

Times of 14 July 1985.

Against the heading "Pacesetters" are printed the words "edited by Lauren Marks". In other words, the use of the first applicant's "byline" involves a use of her name and a statement that the page of the newspaper on which it appears has been edited by her; notwithstanding that her employment with the respondent ceased on 11 May. If that allegation is ultimately made good, then there would be prima facie a case made out for a