Tag Archives: oceania

Activist successful in appeal of Peter Dutton defamation case

Refugee advocate Shane Bazzi has successfully appealed a Federal Court decision to pay Defence Minister Peter Dutton more than $35,000 in damages what was ruled to be a defamatory tweet.

"This case was not just about me. It's about anyone who wishes to make political comments or criticisms on social media," Bazzi said on Tuesday afternoon.

"I feel very grateful that the court has set such a clear and compelling precedent."

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An appeal by refugee advocate Shane Bazzi has been successful in a defamation case launched by Defence Minister Peter Dutton.

Greens Senate candidate David Shoebridge said the successful appeal was a "win for democracy".

"This is a win for people who want to be able to critique powerful politicians without being squashed by legal pursuits," Shoebridge said.

In September 2021, Dutton sued Bazzi over a six-word tweet, published on February 25, that he claimed accused him of being a "rape apologist".

The tweet linked to a Guardian news article that reported Dutton allegedly made comments that some women in detention were attempting to become refugees by falsely claiming they had been raped and needed to leave offshore detention to come to Australia to have abortions.

Dutton said the tweet suggested he allowed excuses for rape.

The Federal Court ruled in favour of Dutton on November 24, finding that Bazzi's tweet was indeed defamatory and ordered him to pay $35,825 in damages to cover Dutton's legal costs.

Bazzi and his legal team from O'Brien Criminal & Civil Solicitors appealed the ruling, arguing that the tweet needed to be read alongside the Guardian news article it was linking out to.

In its judgement, the panel of three Federal Court judges said: "the primary judge erred in his reasoning process because he did not explain how the reader would understand the whole (or any part) of the tweet to convey the imputation. The meaning his Honour found for the word "apologist" was not that of an excuser but of a defender".

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Shane Bazzi will no longer need to pay $35,000 in damages to Peter Dutton after the Defence Minister sued him over defamation.

It ruled that reading the news article would clarify that Bazzi aimed to portray a different point about Dutton and that the word "apologist" did not contain its literal meaning.

"The reader would understand that Mr Bazzi's six word statement was intended to convey a derogatory view of Mr Dutton in connection with what he said about rape," the judgement read.

"The tweet no doubt conveys an impression that is derogatory and critical of Mr Dutton's attitude to rape or rape allegations, but it does not go so far as to convey the impression that Mr Dutton is a person who excuses rape."

Subsequently, the Federal Court judges said "the judgement entered for Mr Dutton in the sum of $35,825 must be set aside and the proceeding dismissed".

The court also found that Dutton had not claimed to have experienced any additional severe consequences because of the publication of the tweet.

"There is no suggestion that the tweet has affected Mr Dutton in his day-to-day political or ministerial activities, or in his relationships with other people," the court said.

Bazzi's legal defence was also crowdfunded by Shoebridge, who said he was elated at the legal victory.

"There's been a really significant win for free speech in this country. A really significant win for political discourse in this country," he said.

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Greens Senate Candidate David Shoebridge helped the crowdfunding efforts for Shane Bazzi's legal defence.

The crowdfunding efforts contributed around $157,000 to Bazzi's defence.

"The good news is that with this appeal, the $157,000 that generous people gave to support Shane in his case can now go to some serious charities. A rape and domestic violence centre, a refugee crisis centre and that will all be courtesy of Peter Dutton paying the cost of Shane Bazzi," Shoebridge said.

Bazzi said the case has had a large impact on his life.

"Fighting this case has taken a strenuous toll on me and has been very stressful for me and my family," Bazzi said.

"So today I am happy and incredibly relieved that justice has finally prevailed."

9News has reached out to Dutton's office for a statement.

Cute mushrooms are popping up everywhere – but they're no fairytale

They look like something out of a fairytale, or a Super Mario video game.

The vivid red mushroom – amanita muscaria – is thriving in wet conditions and currently popping up in gardens all across southern Australia in greater numbers than usual.

Delighted to come across such a charming sight, social media users have taken to sharing photos of their finds online.

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Amanita muscaria mushrooms. The photo on the left shows some found by Kirsten Joy in Wentworth Falls, NSW.

But the pretty mushroom is not as innocent as it looks. 

The fungi belongs to the same genus as the notorious death cap mushroom and is toxic to humans and animals, mycologist Dr Brett Summerell, director of science at the Royal Botanic Gardens, warns.

"They are poisonous, so if people eat them, or god forbid a kid eats them, they can get quite sick from them," Summerell said.

So toxic are the mushrooms that they were historically used as an insecticide, crushed up and sprinkled over milk to kill off flies, he added.

It's where the mushroom got its common name – fly agaric.

"Despite the fact that you see them in nursery stories as where the fairies live they can be pretty nasty," Summerell said.

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Autumn was peak mushroom season in southern Australia and this year's abundant rainfall meant a bumper crop of the fungi, he said.

"They're coming up bigger, better, more numerous, just because the conditions have been so perfect for them. 

"They tend to come out in larger numbers as the weather cools so I expect we'll see a lot more.

"I've seen some good photos (of amanita muscaria) from around Melbourne and there are quite a lot in Canberra at the moment."

The amanita muscaria is commonly found along the east coast of Australia, including Tasmania, in South Australia, particularly in the Adelaide Hills and in the south western corner of Western Australia.

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Not native to Australia, the fungi is thought to have been brought in on the roots of pine trees from the northern hemisphere, much like a weed, during early settlement.

The mushrooms love to grow on the roots of pine trees, in a kind of symbiotic relationship where the fungi also helped the trees survive, Summerell said.

"You don't tend to see them in national parks and the like because of the trees that they live on," he said.

"You'll see them where there's pine plantations, in a lot of those older gardens that you might find in the NSW Blue Mountains or Highlands."

While now was the classic time for foragers to go collecting wild mushrooms, it could be a dangerous pastime, Summerell warned.

Amanita muscaria, found in Dandenong Ranges Botanic Garden in Victoria.

Different types of mushrooms could often look similar and were easily mistaken for each other, he said.

"If you're looking for oyster mushrooms, and you accidentally pick ghost mushrooms, you can get very sick.

"The best thing to do if you're really, really, super keen is to go out with an organised group or company that does these sorts of tours and experiences.

"They will go to well defined places where they know what's growing, and what is safe to eat. 

"Or go with somebody who really, really does know the mushrooms of that particular area. 

"Otherwise, the safest thing to do is to go to the supermarket."

Contact reporter Emily McPherson at em********@******om.au.

How to find your closest early voting booth

On Saturday, all Australian citizens over the age of 18 will need to head down to their local polling booth to cast their vote for the 2022 federal election.

For those who can't make it to their polling booth for whatever reason, whether it be work commitments, travel, serious illness or impending childbirth, early voting stations are now open and readily available all across Australia.

According to the Australian Electoral Commission, there are more than 500 early voting centres in operation across Australia, which you can find here.

READ MORE: Everything you need to know about early voting

You also don't have to cast your early vote at a centre in your electorate.

We gathered a list of some of the many early polling stations that opened on May 9th.

NSW

  • Kiora Mall at 29 Kiora Road, Miranda NSW 2228
  • Nelson Heather Centre at 4 Jackson Road, Warriewood NSW 2102
  • The Meridian at 658 Pacific Highway, Chatswood NSW 2067
  • 416 Oxford St at Bondi Junction NSW 2022
  • 33-35 Dixon Street at Parramatta NSW 2150

Victoria

Opposition Leader Bill Shorten seems quietly confident in a win today.

  • Ballarat Show Grounds at Cnr Howitt St and Creswick Rd, Wendouree VIC 3355
  • Bendigo Anglican Cathedral Hall (St Pauls) at 8 Myers Street, Bendigo VIC 3550
  • Geelong West Town Hall – Supper Room at 153 Pakington Street, Geelong West VIC 3218
  • Masonic Lodge Seymour at 25 Anzac Ave, Seymour VIC 3660
  • Melbourne Convention and Exhibition Centre at 1 Convention Centre Pl, South Wharf VIC 3006

Queensland

  • Fradgley Hall at Park Ave, Burleigh Heads QLD 4220
  • Precinct 21 at 21 Stokes St, Townsville City QLD 4810
  • Mount Sheridan Plaza at 106-132 Barnard Dr, Mount Sheridan QLD 4868
  • Noosa Baptist Church Hall at 1 Lake Weyba Dr, Noosaville QLD 4566
  • Southport Community Centre at 6 Lawson St, Southport QLD 4215

Australian Capital Territory

The Australian Parliament House.

  • Belconnen Community Centre at Swanson Place, Belconnen ACT 2617
  • Old Parliament House at 18 King George Tce, Parkes ACT 2600
  • Lakeview House at Unit 13, 236-242 Cowlishaw St, Greenway ACT 2900

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Northern Territory

  • Mbantua Building at 7/64 Todd St, Alice Springs NT 0870
  • 1 Briggs Street, Darwin City NT 0800

Tasmania

  • Hobart City Hall at 57-63 Macquarie St, Hobart TAS 7000
  • 59 Bathurst St at Launceston TAS 7250
  • Paranaple Centre on Level 3 137 Rooke St, Devonport TAS 7310

On top or underneath, the iconic democracy sausage will have grilled onions regardless.

Western Australia

  • 6 Adelaide St at Fremantle WA 6160
  • Claremont Showground at 1 Graylands Rd, Claremont WA 6010
  • Northam Town Hall at 83 Wellington Street East, Northam WA 6401
  • The Village Australind at Shop 15, 299 Old Coast Rd, Australind WA 6233
  • Woodlake Village at Shop 3/20 Sunray Cir, Ellenbrook WA 6069

South Australia

  • Rundle Place at 77-91 Rundle Mall, Adelaide SA 5000
  • Roxby Downs Christian Community Church at corner of Burgoyne Street & Tutop Street, Roxby Downs SA 5725
  • 68 Commercial Rd at Port Augusta SA 5700
  • Reusch Community Centre at 24A Murray St, Nuriootpa SA 5355
  • Victor Harbor Town Hall at 10-12 Coral St, Victor Harbor SA 5211

Postal votes are also available to order from the Australian Electoral Commission website or from your local electorate office.

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