The judgment in the defamation battle between Clive Palmer and Mark McGowan, as well as new laws requiring plaintiffs to prove “serious harm”, are cause for hope.
he defamation battle between the “politician” Clive Palmer and West Australian Premier Mark McGowanPalmer and McGowan each sued the other for defamation in the Federal Court. Palmer received a paltry $5000 in damages. McGowan fared a little better with $20,000. However, both sums will be dwarfed by the legal costs – likely to be more than $2 million.
Before electricity, card games at night had to be conducted by candlelight. Candles could be expensive, so it might not have been worth lighting one for a low-stakes game. First coined in the early 1600s, it became a saying for something that was not worth the effort or expense.Clearly, Justice Lee did not think the case should have seen the light of day let alone the fluorescent lights of a courtroom.
The Palmer v McGowan matter started before July 1, 2021, so the serious harm test didn’t apply. But Justice Lee’ssuggests that if this case had been brought under the new test it wouldn’t have got off the ground. Then in May, Victorian County Court Judge Julie Clayton ruled in Wilks v Qu that serious harm would be heard as a preliminary point, along with the issue of what meaning the publication conveyed. The matter returns to court next month.
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