Tag: Litigation

For the past couple of months, I have been receiving messages and calls from concerned relatives and friends back home in Malaysia wanting to know whether I have been affected by the recent bushfires. Thankfully, like most Gold Coasters, I wasn’t physically confronted by the crisis,  but of course we have all been touched by the devastating news of loss and destruction suffered by so many around us. It is awful to think the fires have claimed lives, destroyed homes, impacted at least a billion animals, and laid to waste more than 25 million acres of land.
It’s often said one should never discuss politics, sex or religion at a dinner party. The latest news out of the Wonderful World of the Public Service certainly seems to attest to the wisdom of that simple sentiment.
A brand new Netflix documentary doing the rounds right now has sparked a maelstrom of controversy around the ethical and legal culpability of “social media influencers” in advertising and promoting business brands for profit. The disaster-doco “FYRE: The Greatest Party That Never Happened” tells the sorry story of the exploits of Billy McFarland, the mastermind behind the failed 2017 “luxury music festival” FYRE.
Those more cynical than I have been sometimes known to quip that "Justice favours the well-heeled". It is undoubtedly true. Whilst money may not buy happiness, it can certainly deliver lots of lawyering, and in the cutthroat world of commercial litigation, he with the deepest pockets is often very likely to be at a distinct advantage. Of course, in the modern world, that's true of any competitive environment, from sport to industry to military conflict. The bigger the bucks, the bigger the bang.
They say the truth will set you free. But when it comes to defamation, I wouldn't count on it. The recent rush of "Me Too" revelations has set up what promises to be some very interesting defamation litigation in the not too distant future.
The nasty news, gossip and scandal that started with Hollywood heavyweight Harvey Weinstein has grown into a tsunami of distasteful allegations of misogynistic and worse sexual misconduct in the United States, reaching to the very upper echelons of the industry. It has been fascinating to watch the reaction from all corners of the community, one that perhaps marks a pivotal turning-point in cultural attitudes regarding the latitude we as a society will permit those in positions of power. It has already seemingly sounded the death knell for the once stellar careers of more than a few noted luminaries in Hollywood and Washington.
By all accounts the recently deceased was a pretty cranky old dude. Even his life-long best friend, my client, the sole beneficiary and executor of the old guy’s last will and testament, had to acknowledge that fact. But then, even by his own admission, they both were. They were cut from the same cloth, no-nonsense old-school Aussie battlers, raised on Struggle Street. Hard men of a by-gone era with little time for tears or new age sensibilities, who had grown into lonely, curmudgeonly old codgers. But they were two grumpy old men who happily endured each other’s inhospitable habits. So it’s probably unsurprising that, years earlier, when the old guy’s family had finally had enough of his gruff, uncompromising ways, he was left only with his old mate from the old days for solace and support. It was a two-way street. Neither had made much time for friendships or relationships; they were too busy just getting on with life.
The thrill of the punt is not for everyone. It can be a tough game. To the victor goes the spoils, but to the rest only heartache. Litigation, like any gamble, needs a strong heart and deep pockets, and should always be proceeded by a careful cost/benefit calculation. Because not even the house, with all the odds stacked firmly in its favour, will always come up trumps.
Some court cases concern life and liberty, some are about money and manipulation, and others grubby politics and power. But in defamation cases everything’s at stake. Our reputation and good name is our most valued asset, because when all is said and done it’s all we have. Youth is transient, beauty skin-deep, and material riches illusory. Our physical strength and allure inevitably wane and fade like yesterday’s flowers, and affluence and influence desert us like a fickle, fatuous friend.