Full Court Minute Books

Case S236/2020

Fairfax Media Publications Pty Ltd v. Voller
Nationwide News Pty Limited v. Voller
Australian News Channel Pty Ltd v. Voller

Case No.

S236/2020, S237/2020, S238/2020

Case Information

Lower Court Judgment

01/06/2020 Supreme Court of New South Wales (Court of Appeal) (Basten & Meagher JJA, Simpson AJA)

[2020] NSWCA 102


Defamation – Publication – Where applicants created and operated public Facebook pages on which Facebook users can view and comment on items posted – Where Facebook users posted comments on applicants’ Facebook posts – Where respondent commenced defamation proceedings against applicants – Where primary judge determined separate question – Where NSW Court of Appeal dismissed appeal from determination – Whether intention to communicate defamatory material is necessary for person to be “publisher” – Whether operators of Facebook pages “publish” third-party comments posted on page prior to being aware of comments.


08/12/2020 Hearing (SLA, Canberra)

21/12/2020 Notices of appeal

17/02/2021 Written submissions (Appellants - joint)

17/02/2021 Chronology (Appellants - joint)

17/03/2021 Written submissions (Respondent - joint)

07/04/2021 Reply

18/05/2021 Hearing (Full Court, Canberra)

18/05/2021 Outline of oral argument (Appellants - joint)

18/05/2021 Outline of oral argument (Respondent - joint)

08/09/2021 Judgment (Judgment summary)