Freehills’ Defamation team act regularly for major Australian media clients and have built a strong understanding of the media industry.

We represent clients in relation to:

• defamation litigation 
• pre-publication advice
• contempt litigation
• suppression orders
• media access to court rooms
• access to court document
• other litigation concerning published matter.

While the majority of our work involves defending contested proceedings, where appropriate, we use non-court methods to resolve disputes and avoid potential conflict. Yet on other occasions, where our clients are the instigators of court action, we are considered necessary to protect their interests.

Defamation litigation

While Freehills regularly acts for John Fairfax Publications Pty Limited defending defamation actions brought against it, some are more high-profile than others. By way of recent example, a high-profile defamation claim brought by a paparazzo against Fairfax culminated in a two-week Supreme Court trial that received widespread media attention. Freehills ran the litigation, from the filing of proceedings through to judgment. The outcome, delivered in February 2008, was a verdict for Fairfax with costs. This was an important result, not just financially, but also publicly for Fairfax.

Contempt litigation

We recently successfully defended contempt proceedings brought by the Commonwealth Director of Public Prosecutions against Fairfax and a leading Sydney Morning Herald journalist, also persuading the judge to award costs in our clients’ favour, despite his initial reluctance to do so.

In a world of increasing media activity, defending or initiating defamation claims can involve substantial time, financial and reputational costs for many media and corporate organisations.

By acting regularly for major Australian media clients, we have built a strong understanding of the media industry. Our advice is given in the context of the wider commercial and time pressures which characterise the industry.

Legal guides

Freehills has been recognised by the industry for our outstanding work in dispute resolution and commercial litigation:

• Asia-Pacific Legal 500, top tier ranking in Dispute Resolution 2004–2011
• Chambers Global, top tier ranking in Dispute Resolution, 2006–2008 and 2011
• Best Lawyers International, top-listed firm in Australia in Litigation, 2008–2011
• Best Lawyers International, top-listed firm in Australia in Defamation and Media 2010-11
• PLC Which Lawyer?, top tier ranking in Dispute Resolution, 2006–2008 and 2010

Testimonials

• ‘The outstanding litigation team is co-ordinated, pragmatic, strategic and timely.’ ‘They maintain a culture which is not about making money but rather about providing top-quality service to their clients.’ Chambers Asia Pacific 2011
• Freehills ‘combines the clever thinking of smaller firms with the depth and breadth of a very large one’ Asia Pacific Legal 500 2010/2011
• ‘The team … is praised for its strategic, results-oriented advice.’ Chambers Global 2010
• ‘They focus on the outcomes to be achieved rather than the process. They don't think one or two steps ahead—their advice is always what will happen three or four steps ahead.’ Chambers Global 2010
• The ‘exceptional’ Freehills is a ‘firm of choice’ for clients in major litigation, such as class action defence, providing ‘high levels of service, responsiveness and value.’ Asia-Pacific Legal 500 2010
• ‘excellent lawyers who always meet deadlines and are universally great to deal with.’ Chambers Global 2009 
• ‘… one of the country’s “pre-eminent litigation teams” due to its vast resources and wide-ranging experience’, Chambers Global 2008