2021LAW: Legal Memorandum - Theosophical Productions Pty Ltd - Law Assignment Help

Assignment Task:

Task:

I am currently preparing an advice for a client in relation to a defamation claim. You will find attached to this memo the excerpts from an article printed in The Australian Gazette (Annexure A), and the podcast, The Rugby Rap (Annexure B).  Our client, Dr Jaison Diaseisi, believes statements made in both the newspaper article and the podcast have defamed him.  I have spoken to Dr Diaseisi and he wishes to sue both parties for defamation. My file note from my interview with our client on the 31st of March 2020, is marked as Annexure C.  You will also find in that file note information obtained from interviews with medical experts conducted on the 1st of April. Please also note that I have already been in touch with the potential defendants and they have emailed me their statements (Annexures D & E).  

Please provide me with a legal memorandum (opinion) in the form of an internal memo setting out whether Dr Diaseisi will be successful in establishing an action for defamation against the publishers of The Australian Gazette (H & W Times Publishing Pty Ltd), and the producers of the podcast, The Rugby Rap (Theosophical Productions Pty Ltd). Your opinion calls for the examination of all the information found in this memo, including the Annexures.  

Background:

Jaison Diaseisi was born in Melbourne in 1960.  His parents were born in Greece and migrated to Australia in 1952.  Jaison studied medicine in Melbourne and moved to Brisbane in 1985 to work St Damian’s in South Brisbane.  

In preparing the memorandum make careful note of the following: 

1.  H & W Times Publishing Pty Ltd

•  Identify and analyse two possible imputations made in the newspaper article by Larry Luts that are different from those imputations being pleaded against Theosophical Productions for the podcast. That is, even if Dr Diaseisi could argue that any of the imputations from the podcast, as set out in Annexure C, could be made out against H & W Times Publishing, he wants us to identify two additional imputations from the newspaper article.  Thus, in your memo, please don’t discuss the imputations set out in Annexure C as possible imputations by the article, as I have already analysed them for the client;

•  Choose the most relevant defence that H & W Times Publishing may argue and set out why or why not you believe that defence will fail.  Choose from only statutory defences and do not include section 25 as a possible defence. That is, no purely common law defences need to be dealt with;

•  Be sure to fully apply all relevant sub-sections, paragraphs, sub-paragraphs etc., of the relevant defence.

2.  Theosophical Productions Pty Ltd

•  Dr Diaseisi wants to sue Theosophical Productions for imputations 1 and 4 from the podcast (as set out in Annexure C) but does not wish to sue for (plead) imputations 2 and 3, as they are true;

•  Choose the most relevant defence that Theosophical Productions may argue and set out why or why not you believe that defence will fail.  Choose from only statutory defences and do not include section 25 as a possible defence. That is, no purely common law defences need to be dealt with.

•  Be sure to fully apply all relevant sub-sections, paragraphs, sub-paragraphs etc., of the relevant defence.

3.  H & W Times Publishing Pty Ltd and Theosophical Productions Pty Ltd:

•  Assume that both organisations are vicariously liable for all statements published.  No action is to be taken against the actual author of the article or the makers of the statements on the podcast;

•  Apply the Queensland Defamation legislation as Dr Diaseisi wishes to take action only in Queensland;

•  Give me a basic overview of the relevant damages, or any issues re damages, that I need to know so as to inform the client, that may be available against H & W Times Publishing Pty Ltd only.  Do not deal with any other remedy.  Do not deal with apologies as a remedy.

I want the memorandum on my desk by close of business tomorrow as Dr Diaseisi is very upset and has already had to explain himself to the Board of St Damian’s.  Remember, I only want advice on relevant statutory defences.  Regarding damages, there is no need to make any monetary calculations.

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