LAW: INDIVIDUAL ANALYSIS

Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd



Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd

Introduction

Privacy has almost always been regarded as a highly relevant characteristic of Australian society, and the case of ABC v Lenah Game Meats Pty Ltd is considered to be one of the few turning points in the development of Australian law in the area of privacy. The paper will seek to provide an insight into the court in which the matter was being determined and who the parties to the case were, as well as their roles in the action. The discussion will highlight the key facts in the case and the outcome of the case. The paper will shed light on the key elements of the decision of each member of the Court and the major specific areas of law under discussion. Furthermore, the discussion will identify the ratio decidendi and provide two examples of judicial statement that might be regarded as obiter dicta. Before coming to an end the paper will discuss briefly each of the judges' views of the concept of the law of privacy and come to a concluding note by asserting if the case came to an appropriate outcome on the question of protecting privacy.

(a) In which Court is the matter being determined, who are the parties to the case and what are their roles in the action, eg. plaintiff, defendant, appellant?

Australian court held that the prohibition may be granted to keep the media from publishing material, video material produced by the transgression. In each case, the organization of the media itself the perpetrator. Courts ruled that the ban may be granted, but only in those cases where publication of the material would have been unthinkable. Request the court Lenahan means that the courts should determine the extent to which the previous government incentives could be applied in cases where there was no clear cause of action, such as conscription, the organization of the media. The facts in the Superior Court of Lena do not contribute to the development of principles for the protection of privacy under common law in Australia. At any point of view of the facts, Lena concerned to protect commercial interests in the business of goodwill or reputation, and not the interests of privacy.

Announcement followed the representation is not a precaution on the part of the defendant in the Supreme Court of Tasmania, and in turn, carried the boom of the application and distribution of prescription on a full court. The ABC application then transferred to the Supreme Court, seeking to have the ban lifted. Although there was a small segment of the video shown today, ABC is desirable to remove the order, which allows wider announced in the future (Doyle & Bagaric, 2005). There was a proposal at a hearing in the High Court that the case was not transferred during the test, since the application for interim measures is not yet ...