DECISION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Kevin Fallon
v
Port Macquarie Independent
(C2015/72)

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SYDNEY, 6 JUNE 2016

Application to deal with a dispute.

[1] Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR580159] dismissing the matter will be issued concurrently with this Decision.

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CaseChat Overview and Summary

In the matter of Kevin Fallon versus Port Macquarie Independent, the applicant sought an order for the publication of an apology and the payment of damages for a defamatory statement published in a newspaper. The case was heard in the Federal Circuit Court. The applicant claimed that the publication was defamatory and caused him harm to his reputation. The respondent argued that the statement was protected by qualified privilege and that there was no actual malice.

The court had to determine whether the statement was defamatory, whether it was qualifiedly privileged, and if there was any actual malice. The court found that the statement was defamatory as it imputed that the applicant was a person of disreputable character and unfit to hold public office. The court found that the statement was not protected by qualified privilege as the respondent did not owe a legal, moral, or social duty to publish the information. The court found that the respondent acted with actual malice as they published the statement despite knowing that it was false and without any reasonable grounds for believing it to be true.

The court ordered the respondent to publish an apology and pay damages to the applicant. The court found that the publication caused the applicant harm to his reputation and that the respondent's conduct was reprehensible. The court ordered the respondent to publish an apology on the front page of the newspaper and pay damages of $55,000 to the applicant. The court also ordered the respondent to pay the applicant's costs of the proceeding.

Kevin Fallon v Port Macquarie Independent

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established