Thomson Geer leads Nine Entertainment Co to landmark defamation win

Thomson Geer has led major Australian media company Nine Entertainment Co to a landmark defamation win that saw Australia's "public interest" defence for journalists successfully applied for the first time.

Australian surgeon Dr Munjed Al Muderis sued Nine and three journalists in the Federal Court of Australia over articles in The Age and Sydney Morning Herald newspapers and 60 Minutes television program in 2022 alleging they defamed him.  

The articles predominantly related to a procedure called osseointegration Dr Al Muderis performs on amputees, with Dr Muderis claiming the publications conveyed imputations that he inappropriately selects patients for surgery, fails to explain risks and complications, fails to provide adequate post-operative care, and is unethical and dangerous.

Nine defended the reporting, arguing defences of contextual truth, honest opinion and public interest.

Justice Wendy Abraham found Nine had established both contextual truth and the public interest defences and dismissed Dr Muderis's case. She did not consider the honest opinion defence.

“I accept the evidence of the journalists that they each held a subjective belief that the publications were in the public interest,” Justice Abraham said.

“The positive media coverage his practice had enjoyed needed correcting, and the investigation revealed another side of his practice.”

The Thomson Geer team was led by Partner John-Paul Cashen, who said: "The judgment is vindication for the reporting by Nine's journalists and was an important test for Australia's public interest defence.

"This decision will have far reaching consequences for investigative media in Australia and may make those who want to sue for defamation consider carefully their position."

The team included Partner Marlia Saunders, Senior Associate Samantha McGeoch, and Associates Sophie Meixner and Isabelle Gwinner. They were assisted by Lawyers Natasha Connors, Nina Tierney, Simon Pandoulis, Natasya Currie, Reina Nakamura, and Jonathan Li and Media Team Manager Rachel Stellas.

The team briefed barristers Matt Collins, KC, Declan Roche, SC, Claire Roberts, Melissa Marcus and Sandip Mukerjea for the trial, while Renee Enbom, KC, Lyndelle Barnett, Bianca Gallifuoco, Hannah Ryan and John Heard were also engaged at various stages of the case.

Nine's internal lawyers were Kiah Officer and Larina Alick.

The trial ran for 14 weeks between September 2023 and June 2024 with Nine calling approximately 50 witnesses.

Dr Al Muderis has signalled he will appeal the judgment.

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