The NSW government will appeal a landmark decision on the lawfulness of police strip searches at music festivals, which has been slammed as "needless waste of resources".

Raya Meredith was the lead plaintiff of a class action that went before the Supreme Court after she was subjected to an invasive strip search when she was asked to remove a tampon at Splendour in the Grass in 2018, which uncovered no drugs on her.

Justice Dina Yehia awarded Meredith $93,000 in damages after she ruled the search was humiliating and unlawful, with her decision clarifying that police can only conduct strip searches in very exceptional circumstances.

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Slater and Gordon, which ran the class action lawsuit involving 3000 people who were strip-searched in similar circumstances at music festivals between 2016 to 2022, had been negotiating a settlement between the state and the claimants.

But today, the state indicated it would appeal the court's decision.

"The State has filed a Notice of Intention to Appeal in this matter," NSW Police said in a brief statement.

Premier Chris Minns earlier this morning said the government supported the police's decision to move to appeal, adding that strip searches as "still an important measure to keep people safe". 

"Police are caught in a difficult position where drugs are still illegal, they're not legal, particularly the supply of drugs at music festivals, and they've got a responsibility to keep people safe," he said.

"I believe they'll use that power, if it was granted to them via appeal, judiciously, not in a broad, sweeping way, and they'll make sure that they are fully trained.

"We'll wait for the court to make a decision."

Police Minister Yasmin Catley said she was aware the notice of intention to appeal had been lodged and declined to comment further. 

Slater and Gordon senior associate in class actions, William Zerno, argued thousands of others involved in the class action were searched in similar circumstances to Meredith, with hundreds searched at the same music festival and by the same police officers.

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"It is a matter for the state to explain why it is arguing that searches undertaken on the same basis as Raya's were lawful when it admitted the unlawfulness of Raya's search," he said.

Zerno added the notice to appeal does not render the judgment any less effective and remains in place unless it is overturned in an appeals court.

"An appeal against this judgment will only delay justice being served for thousands of festivalgoers," he said.

"And it will ultimately cost the State more if it does not resolve its liability now."

Meredith said today's development was "very disappointing".

"The others in this class action deserve to have their cases heard and settled without further delay," she said.

"It's a needless waste of resources, and with the music festival season underway in NSW, I'd hate to think that the abuse of these extreme powers by police that I experienced might continue under a scenario where NSW Police appealed this judgment.

"It's time that what is due is paid, apologies are made, and a clean slate imparted."

Justice Yehia's ruling earlier this month clarified the interpretation of the legislation, stating that a drug dog indication or a police officer's suspicion of drug possession was insufficient to provide a lawful basis for a strip search at a festival setting.

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She noted two main reasons to conduct a strip search were if police suspect a high-end drug supply or that the person may have a weapon on them.

On Tuesday, a drug summit report commissioned by Minns recommended that the state implement a drug-checking trial at music festivals and pause the use of drug detection dogs and strip searches in the meantime.

The trial would include a health and peer workforce, harm-reduction advice, an exclusion zone and integration with the current drug surveillance and early warning system at music festivals.

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A 17-year-old cricketer who died in hospital after being struck by a ball during a training session has been remembered by his family as "a shining light".

Ben Austin was batting in the nets when he was hit in the head and neck at Wally Tew Reserve in Ferntree Gully in Melbourne's outer-east about 4.45pm on Tuesday.

The teenager was rushed to Monash Medical Centre in a critical condition and placed on life support.

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He passed away early this morning.

"We are utterly devastated by the passing of our beautiful Ben. For Tracey and I, Ben was an adored son, deeply loved brother to Cooper and Zach and a shining light in the lives of our family and friends," Ben's father Jace Austin said in a statement this afternoon.

"This tragedy has taken Ben from us, but we find some comfort that he was doing something he did for so many summers – going down to the nets with mates to play cricket.

"He loved cricket and it was one of the joys of his life."

The family also offered their support to Ben's teammate, who was bowling in the nets using a plastic slinger when it hit the 17-year-old.

"This accident has impacted two young men and our thoughts are with he and his family as well," Jace said.

The Austin family said Ben was visited in hospital by dozens of people from the local cricket community, where he was involved in several clubs including Ferntree Gully Cricket Club, Mulgrave Cricket Club and Eildon Park Cricket Club.

"We would like to thank the cricket community including Ferntree Gully Cricket Club, Mulgrave Cricket Club and Eildon Park Cricket Club for their support since Tuesday evening," Jace said.

"Finally, we would also like thank all the first responders at the scene and the staff at Monash Children's Hospital who worked so hard to help Ben.

"We will cherish Ben forever."

The Austin family has asked for privacy as they come to terms with their loss.

AFL community remembers 'vibrant' young umpire

Outside of his cricketing career, Ben has also been remembered as a "talented footballer" and umpire who finished runner-up in Waverley Park Hawks' Under 17 best and fairest this season.

The Victorian Amateur Football Association (VAFA) released a statement today mourning the loss of the "emerging star in the VAFA umpiring scene".

"It is a shock to everyone to lose such a young, vibrant person in these tragic circumstances," VAFA chief executive Jason Reddick said.

"On behalf of the entire VAFA community, we send our deepest condolences to Ben's parents, Tracey and Jace, who is also a much-loved figure around community footy, plus Ben's brothers Cooper and Zach, along with all who knew and loved Ben.

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"Ben was a highly regarded person and umpire in our VAFA ranks, and we wrap our arms around our tight-knit umpiring team."

Ben's boundary umpire coach Shaun Bourke described him as "an outstanding young man".

"Despite living in Ferntree Gully, he umpired all across metro Melbourne and was always happy to help us out, often doing a second game," Bourke said.

"Ben had all the ingredients to make it to the higher levels. He was coachable, athletic, passionate and a good teammate.

"He's a big loss to our VAFA umpiring community and will be missed."

VAFA Umpires Association President Michael Evans said Ben showed "much promise" in his first year as a VAFA boundary umpire.

"Ben showed much promise, being selected to umpire the Premier Men's Reserves Grand Final – a significant achievement in his first year with us," Evans said.

"I was fortunate enough to have umpired with Ben through the year and found him to be talented and passionate, with a bright future ahead of him."

A gameday tribute will be paid to Ben in the opening round of next year's VAFA season.

Counselling support is being provided to the association's umpires.

Cricket community reels as floral tribute grows

Flowers, cricket bats and a Gatorade bottle have been left at the nets by mourners, after Ben's death was confirmed this morning by the Ferntree Gully Cricket Club.

"We are absolutely devastated by the passing of Ben, and the impacts of his death will be felt by all in our cricket community," the club said in a post on Facebook.

"Our thoughts and prayers are with his family – Jace, Tracey, Cooper (and) Zach, his extended family, his friends and to all of those who knew Ben and the joy that he brought."

The club asked that Ben's family's privacy be respected, and passed on their thanks to the police, Ambulance Victoria, Monash Children's Hospital, and all who assisted when Ben was injured.

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Cricket Victoria chief executive Nick Cummins said he was "absolutely devastated" for Ben's family.

"Days like today remind you of how closely connected the cricket community is," Cummins said.

"It's not a great way to find out just how much cricket means to people and just how much a young cricketer meant to so many Victorians.

"We're absolutely devastated on behalf of the family, on behalf of the Ferntree Gully Cricket Club and more broadly the Victorian cricket community.

"We're doing everything we can to not just support the family of young Ben but also those at the club, and Ben played for a number of clubs, to ensure that they have the counselling and support not just for today but well into the future.

"This is something that will stay with our cricketing community for some time."

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Cricket Australia chair Mike Baird said the situation was heartbreaking for the family and the wider cricket community.

"There are some days where your heart is broken and today is one of them," Baird said.

"The tragic circumstances of Ben at Ferntree Gully are circumstances that are going to be felt across the country.

"Cricket is a sport that brings people together, communities together.

"It's also one that feels very deeply in incidents such as we've seen.

"It's hard to put words on it, what we want to say is we're doing everything we can to support the family, the club and all those impacted by this tragic news.

"Clearly there are things we have to learn from this, but right now we're concerned about the family and trying to support them in every way."

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Stories about the origin of a tennis ace-turned-politician's relationship with his wife will be a "test case" of Australia's privacy exemption for media.

Victorian Liberal deputy leader Sam Groth is suing the Herald Sun over a series of stories in late July questioning when he began his relationship with his now-wife Brittany.

The three News Corp stories remain up online, including the original article penned by journalist Stephen Drill titled "How Liberal Party is courting controversy with Sam Groth".

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The Groths allege the articles were defamatory and breached Ms Groth's privacy under federal tort laws that came into effect in June.

Professional journalists and media publishers are exempt when collecting information for preparation to publish or publication of material that has the "character of news, current affairs or documentary".

In a Federal Court hearing today, the Groths' barrister Sue Chrysanthou SC argued the stories were not news but "salacious gossip".

"We wish to cross-examine the journalist," she said.

"In particular, we want discovery of all of the information that the journalist had at time of publication to demonstrate that they had not one piece of information from any person who had any first-hand information about the circumstances of my client's relationship when they met.

"And any basis whatsoever, or any first-hand basis, to allege that there was reasonable suggestion that my client Mr Groth was engaging in a crime when he first started his relationship with his now-wife and mother of his two young children."

It was not sufficient to just look at the evidence of the articles as federal parliament included the element that the content be "journalistic material", she argued.

"Clearly, parliament thought that not all publications that purport to be news are news," Chrysanthou said.

The News Corp outlet's equally high-profile barrister Matt Collins KC is pushing for the exemption question to be put to bed before the case proceeds to trial.

The publications themselves were enough for the court to make a ruling on whether the exemption applied, Collins suggested.

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"We're talking about a front-page article in the highest-selling newspaper in the state about political matters, about the person who aspires to be the deputy premier of the state," Collins said.

"Does that have the character of news … this is the first time this question has arisen."

Justice Shaun McElwaine noted US courts had grappled for years trying to reconcile the right of privacy with the first amendment, which protects press freedom.

He will rule on whether the privacy exemption aspect of the case can be argued in advance of trial after a hearing on November 6.

If the privacy element was split off, the judge wryly foreshadowed it would be "inevitable" the losing party would appeal the decision and fragment the case.

"I can see what's going to happen," he said laughing.

"This is basically a test case. This is the first time this provision has been considered."

Regardless of his ruling and a mediation hearing on November 7, the trial has been set down to run for 10 days from May 11.

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The family of a cruise ship passenger who died alone on a Great Barrier Reef island after being left behind has accused the operator of a "failure of care and common sense" and called for answers through a coronial inquiry.

Suzanne Rees, 80, was reported missing to authorities last Saturday night, when a check of the cruise ship the Coral Adventurer revealed she was missing.

She had been part of Coral Expedition's cruise to the exclusive resort destination Lizard Island, off the coast of Cooktown in Far North Queensland, earlier that day.

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Search and rescue crews, who had been scouring the land and sea for her, found her dead on the island the following day. 

Her daughter Katherine said the family had been left "shocked and saddened" by her much-loved mother's death.

"From the little we have been told, it seems that there was a failure of care and common sense," she said in a statement.

"We understand from the police that it was a very hot day, and mum felt ill on the hill climb.

"She was asked to head down, unescorted.

"Then the ship left, apparently without doing a passenger count.

"At some stage in that sequence, or shortly after, mum died, alone.

"She was a healthy, active 80-year-old who enjoyed gardening and was an active member of a bushwalking group.

"I hope that the coronial inquiry will find out what the company should have done that might have saved mum's life."

The Australian Maritime Safety Authority (AMSA) said in a statement it was investigating and would question the ship's crew when the ship docks in Darwin, scheduled for Sunday.

"AMSA will make an assessment as to whether there was any non-compliance associated with the passenger not being counted onto the ship and, if necessary, will take action to address them," a spokesperson said.

AMSA said it began searching with Queensland Police after the ship's captain reported the woman missing to authorities at 9pm last Saturday.

Coral Expeditions chief executive Mark Fifield offered his apology to the woman's family and said the company was working with authorities in their investigations.

"Coral Expeditions can confirm the tragic death of a passenger on the Coral Adventurer during an excursion to Lizard Island in Queensland," he said in a statement.

"While investigations into the incident are continuing, we are deeply sorry that this has occurred and are offering our full support to the woman's family.

"The Coral team have been in contact with the woman's family, and we will continue to offer support to them through this difficult process.

"We are working closely with Queensland Police and other authorities to support their investigation."

Queensland Police is investigating the death, but has ruled it non-suspicious.

A report is being prepared for the coroner.

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A Perth council has introduced a controversial cat law, with owners facing a household limit and a $300 fine, but some residents have raised concerns about the "overreach".

The City of Melville has outlawed cats from 64 reserves and parks that are home to important flora and fauna — like Tompkins Park, Goolugatup Heathcote Reserve, Alfred Cove Nature Reserve, and Centennial Park — from Saturday.

Owners whose cats are caught in the prohibited areas will be fined $300.

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There is now a two-cat limit per household, which does not apply to foster cats or cats registered with the city before the law commenced.

Residents can apply for approval to keep more than two cats under certain conditions, with the council taking into consideration whether it is an indoor or outdoor cat.

Pre-existing rules state that all felines must be sterilised, microchipped and registered at six months of age and must wear their collar with their registration tag when they are in a public place. 

The City of Melville sits on the shore of the Swan River, about 8km from the CBD, and captures more than 200 parks and reserves, 778 hectares of open public space and 295 hectares of bushland. 

The council has heard concerns about cats hunting, getting into fights and receiving injuries, harming and killing other animals, including native wildlife, and causing a nuisance to neighbours.

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Mayor Katy Mair hopes the new rules will protect native wildlife from the negative effects of outdoor cats and promote "responsible" ownership.

"The City of Melville recognises that cats are much-loved companions for many of our residents, enhancing their health and wellbeing," she said.

"I believe the law provides a good balance that takes into account our feline friends and their owners, alongside our responsibility as guardians to protect significant natural places and wildlife for future generations to enjoy."

The new rules come after two rounds of community consultation and feedback during public engagement of the city's cat management plan.

Almost half, or 45.7 per cent, of the 87 residents who provided submissions for the consultation opposed the cat law, but council insisted they only objected because they felt the changes needed to be tougher by imposing mandatory cat containment, a cat curfew or a requirement that keeps cats under control in public.

About 39.7 per cent supported the law, and 14.4 per cent neither supported nor opposed the law. 

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The council approved the cat law in July, noting that it does not have the power under previous legislation to implement tougher restrictions that the community was asking for, and the law came into effect on Saturday.

Some residents have raised concerns about the law, taking to social media to complain about the restrictions. 

"Disappointing to see you're limiting the number of pets someone can have, especially with so many wasting away in shelters," one person said.

"Why only two cats when you have a fully cat-proofed yard? That's ridiculous. It should not matter how many cats you have on your property," another said.

"Prejudiced towards cats. I've seen dogs attack birds too. But, let's blame cats," a third said.

"The overreach is getting out of control. Stay out of people's lives," a fourth said. 

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