Australia’s Federal Court has dismissed a defamation proceeding over two substantially identical articles reporting on a former university lecturer’s Fair Work Commission case.
Benjamen Gussen sued Momentum Media Pty Ltd, now Brass Neck Pty Ltd, and journalist Naomi Neilson over articles published in Lawyers Weekly and HR Leader. He alleged that the reports conveyed numerous damaging imputations about his departure from Swinburne University and later employment proceedings.
Justice Anderson found that Gussen had not established the serious harm required by section 10A of Victoria’s Defamation Act. The court said there was no direct evidence of serious reputational harm and that the evidence did not permit it to infer such harm. It also held that the respondents had established the statutory defence for a fair summary of a public document.
The proceeding was dismissed on 29 October 2026. Questions of costs remain to be determined on written submissions, due in early November, so the merits judgment is final at first instance while the costs disposition is still pending. The decision may be appealed through the ordinary process.
The official judgment is Gussen v Momentum Media Pty Ltd (No 2) [2026] FCA 1618.
