The public interest defence (and the Russell v ABC test case)
The Federal Court of Australia recently rejected the ABC’s attempted use of the public interest defence in defamation proceedings brought by former special forces soldier Heston Russell. Here, we unpack the technicalities of the new defence and how it played out for the national broadcaster.
Host Naomi Neilson is joined by Elit Lawyers by McGirr & Snell founder Robert McGirr to discuss what the new public interest defence to defamation is, what transpired in the recent Russell v ABC case, reflect on various submissions made by the parties during those proceedings, lessons learnt from this test case, and how this high-profile matter might impact upon defamation proceedings in Australia moving forward, if at all.
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