Posts Tagged ‘Wendy Hatfield’

One law for the rich

February 13, 2015

Gina Rinehart has obtained an order for preliminary discovery, entitling her lawyers to preview the upcoming episode of the TV series concerning her (which is presumably coming up to the bit where she hounded Rose Porteus through the courts in a second inquest into the death of Lang Hancock – an episode rightly described by then WA Attorney-General, Jim McGinty, as “a savage waste of public resources”) in order to decide whether to seek an injunction against its publication.

Back in 2010, Wendy Hatfield, about to be defamed in an instalment of the ‘Underbelly’ franchise, did not fare so well. She was refused orders for preliminary discovery concerning that series. The judge held (and the Court of Appeal upheld) that she had to wait and see and get damages afterwards if she was defamed (which she was).

Perhaps Rinehart’s lawyers learnt from where Hatfield’s lawyers failed, but it is difficult to escape the conclusion that there is one law for the very rich and another for the rest of us.

Which is probably a truism, if you think about it even a little bit. Even if I am affronted, I shouldn’t be surprised.

Update

Justice Garling’s reasons finally (24/3) published.  On a cursory reading, it looks like Channel 9 was hoist by its own publicity, which suggested, amongst other things, that while everyone else should stay in on Sunday night to watch the program, Mrs Rinehart might like to go out for dinner.  I don’t find his Honour’s distinguishing of the Wendy Hatfield decision quite so convincing.