Legal Groundup

Legal Studies from the ground up

Application Excercise 3m

Question 1

The story that The Daily Telegraph published about Rushinvolved a claim that a younger female castmember of ‘King Leer’ had complained that Rush had made groping gestures towardsher and touched her inappropriately on stage.

Question 2

Rush alleged the story conveyed imputations including that he was a “pervert”, had behaved as a “sexual predator” in the production and had engaged in“scandalously inappropriate” behaviour in the theatre.

Question 3

Student responses will vary for this question. Responses might suggest that the alleged imputations did not match the facts of the story. The court found that Nationwide News had failed to prove that the imputations were true. Further, in July 2020 the Full Federal Court dismissed Nationwide News’ appeal.

Question 4

The answer to this question will depend on the personal views of students. Students might note that the judges of the Full Federal Court observed that the award of damages couldhave been greater.In relation to the Monika Samaan case, $8 million in compensation was awarded to Monika Samaan for her lifelong disability. Students might point out that, while this seems like a large amount, it is compensation intended to support her for the rest of her life. Students might also point out that the damages awarded to Rush were calculated using an estimate of lost earnings due to the damage to his reputation. As a well-known actor, Rush has the capacity to generate considerable income from appearances in media such as films and plays.