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The grant of interlocutory injunctions in defamation cases in Australia following the decision in Australian Broadcasting Corporation v O'Neill

Citation

Nicol, D and Bartl, B, The grant of interlocutory injunctions in defamation cases in Australia following the decision in Australian Broadcasting Corporation v O'Neill, University of Tasmania Law Review, 25, (2) pp. 156-179. ISSN 0082-2108 (2008) [Refereed Article]


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Copyright Statement

Copyright 2008 Law School, University of Tasmania

Official URL: http://www.utas.edu.au/law/centres/university-of-t...

Abstract

In this article, we analyse the High Court's decision in Australian Broadcasting Corporation v 0'Neill against the backdrop of ealier case law. We query the majority's emphasis in reaching their decision on the overriding influence of freedom of speech and the likelihood that O'Neill could only recover nominal damages and conclude that ultimately the decision reached was based on a disdain of the respondent and his 'bad' reputation rather than in any glaring error at first instance.

Item Details

Item Type:Refereed Article
Keywords:Australian Broadcasting Corporation, interlocutory injunction, defamation, James O'Neill
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Justice and the Law not elsewhere classified
Author:Nicol, D (Professor Dianne Nicol)
ID Code:54996
Year Published:2008
Deposited By:Law
Deposited On:2009-03-03
Last Modified:2015-02-20
Downloads:1 View Download Statistics

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