Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Eatock v Bolt (No 2) [2011] FCA 1180 Citation: Eatock v Bolt (No 2) [2011] FCA 1180
Parties: PAT EATOCK v ANDREW BOLT and HERALD AND WEEKLY TIMES PTY LTD (ACN 004 113 937)
File number: VID 770 of 2010
Judge: BROMBERG J
Date of judgment: 19 October 2011
Catchwords: HUMAN RIGHTS – declaration of contravention of s 18C of the Racial Discrimination Act 1975 (Cth) – the extent to which the declaration made should include the Court's principal findings – whether the terms of an injunction restraining republication of an article should extend to the republication of a substantial part thereof – whether an order requiring the publication of a corrective notice should be made and the terms of such a notice. COSTS – indemnity costs - Calderbank offer – relevant principles discussed – whether it was unreasonable for the applicant to refuse the respondent's offer of settlement – whether applicant should pay costs thrown away as a result of the vacation of the trial. PRACTICE AND PROCEDURE – the extent to which a declaration should include the Court's principal findings – whether a declaration can be made in the absence of evidence or an agreed statement of facts – whether a declaration can be made in the absence of a contradictor – whether a declaration is to be limited to the facts or matters which the Court is called upon to determine.
Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO(4) Racial Discrimination Act 1975 (Cth) ss 18C, 18D
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Alpine Hardwood (Aust) Pty Ltd v Hardys Pty Ltd (No 2) (2002) 190 ALR 121 Australia Wide Airlines Limited v Aspirion Pty Ltd [2006] NSWCA 365 Australian Competition and Consumer Commission v Harris Scarfe (No 2) [2009] FCA 433 Australian Competition and Consumer Commission v Midland Brick Co Pty Ltd (2004) 207 ALR 329 Australian Competition and Consumer Commission v MSY Technology Pty Ltd (No 2) (2011) 279 ALR 609 Australian Competition Consumer Commission v Telstra Corporation Limited [2007] FCA 2058 Australian Competition and Consumer Commission v Willesee Health Care Pty Ltd (No 2) [2011] FCA 752 Becker v Queensland Investment Corporation and Bovis Lend Lease Pty Ltd (No 2) [2009] ACTSC 147 Black v Lipovak (1998) 217 ALR 386 Calderbank v Calderbank [1975] 3 All ER 333 Citron v Zundel (2002) 41 CHRR D/274 (CHRT) Creek v Cairns Post Pty Ltd (2001) 112 FCR 352 Cruse v Multiplex Limited (2008) 172 FCR 279 Eatock v Bolt [2011] FCA 1103 Grbavac v Hart [1997] 1 VR 154 John Goss Projects Pty Ltd v Thiess Watkins White Constructions Ltd (In liq) [1995] 2 Qd R 591 Jones v Scully (2002) 120 FCR 243 Jones v Toben [2002] FCA 1150 Review 2 Pty Ltd v Redberry Enterprises Pty Ltd (No 2) [2008] FCA 1805 Seven Network Ltd v News Ltd (2007) 244 ALR 374 Silberberg v The Builders Collective of Australia (2007) 164 FCR 475 Stuart v Construction, Forestry, Mining and Energy Union (2010) 185 FCR 308 Thomas Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150
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