Share on LinkedInShare on LinkedIn

ARTICLE · 24 OCTOBER 2016

Contracting out of free speech: Film makers beware

The case is a rare example of when an injunction restraining publication before trial was discharged at a final hearing.

AustraliaMedia, Telecoms, IT, Entertainment
Broadley Rees Hogan clients, Hollie Fifer, Rebecca Barry and Madeleine Hetherton and their companies, Media Stockade & Beacon Films, were this year embroiled in a well-publicised dispute over their film "The Opposition" and one of its subjects, Dame Carol Kidu. The litigation was heard in the New South Wales Supreme Court and Broadley Rees Hogan Special Counsel, Peter Bolam, acted for the film makers with Sydney barristers Richard Potter and Mark Maconachie. The dispute took just three months to reach a final hearing and resulted in a resounding win for the film makers.

Restraining a threatened breach of legal rights is often the most effective legal remedy. The alternative, recovering damages through protracted litigation, is often a poor second. But for some types of disputes, injunctions to maintain the status quo until the final hearing are very difficult to obtain. Defamation and other actions that are directed to the protection of reputation fall into this

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from