Federal Court of Australia
Federal Court of Australia
Russell v S3@Raw Pty Ltd [2023] FCA 305 File number(s): QUD 398 of 2022
Judgment of: MEAGHER J
Date of judgment: 5 April 2023
Catchwords: PRACTICE AND PROCEDURE – Interlocutory injunction – Defamation – Where publications are posted on social media – Application to take down publication and restrain defendants from future publication – Serious question to be tried – Balance of convenience – Freedom of speech
Legislation: Competition and Consumer Act 2010 (Cth) Defamation Act 2005 (Vic) Federal Court Rules 2011 (Cth)
Cases cited: Australian Broadcasting Corporation v O'Neill 227 CLR 57 Australian Securities and Investments Commission v China Environment Group Ltd [2013] FCA 286 Capilano Honey Ltd v Dowling (No 2) [2018] NSWCA 217 Duthie v Nixon (2015) 47 VR 355 QBH Commercial Pty Ltd v Nine Network Australia Pty Ltd [2016] VSC 441 Radio 2UE Sydney Pty Ltd v Chesterton (2009) 238 CLR 460 School for Excellence Pty Ltd v Trendy Rhino Pty Ltd [2018] VSC 514 Stocker v McElhinney (No 2) [1961] NSWR 1043 Tribe v Simons [2021] FCA 930 Webster v Brewer (No 3) [2020] FCA 1343 Webster v Brewer [2020] FCA 622
Division: General Division
Registry: Queensland
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