NSW SLAPPs/David Jones Ltd v The Australia Institute

In December 2006 the giant retailing company David Jones Limited, commonly referred to as David Jones, launched legal action against the Canberra-based think tank, The Australia Institute and its Director, Clive Hamilton over the launch of a report analysing the sexualisation of children in advertising. The suit alleges the report, title "Corporate Paedophilia", breaches the provisions of the Trade Practices Act outlawing misleading and deceptive conduct.

DJ's Surrenders
On May 2, 2008, DJ's filed a notice with the court to discontinue its action. DJ's dropped its action after reaching an agreement with the Australia Institute and its former executive director, Clive Hamilton. Hamilton told ABC's PR program "I'm very pleased with the outcome. I'm happy that an agreement has been reached and the case has been discontinued. ... Like many people I was more than surprised, I was astonished that David Jones should pursue this case. Whatever they thought about the merits of their argument it seemed to be an extremely difficult case to win in the court of public opinion."

The Australia Institute Report

 * The Australia Institute, "Corporate paedophilia: Sexualising children by advertising and marketing", Media Release, October 9, 2006.
 * Emma Rush and Andrea La Nauze, "Corporate Paedophilia: Sexualisation of children in Australia", The Australian Institute, Discussion Paper Number 90, October 2006. (Table of Contents and Executive Summary only - full version can be purchased online from here).

A later report and media release on the same topic are:
 * Emma Rush and Andrea La Nauze, "Letting Children be Children: Stopping the sexualisation of children in Australia", The Australia Institute, Discussion Paper, December 2006.
 * The Australia Institute, "Sexualisation of children – stronger regulation needed", Media Release, December 12, 2006.

Link to Online Court Record

 * Federal Court, NSD2490/2006.

Court Documents

 * Mark O'Brien, Johnson Winter & Slattery (for DJs), Application, December 20, 2007.(Pdf)
 * Mark O'Brien, Johnson Winter & Slattery (for DJs), DJ's Statement of Claim, December 20, 2007.(Pdf)
 * Archibald Adrian Howe, Kennedys (for TAI), Defence of First and Second Respondents, February 23, 2007. (Pdf)
 * Archibald Adrian Howe, Kennedys (for TAI), Notice of Motion, February 27, 2007. (Pdf)

Key Dates

 * Preliminary hearing on Notice of Motion, Law Courts Building, Queens Square, Sydney, March 22, 2007.

Campaign Website on the Case

 * There's no other lawsuit like David Jones Campaign Website

Other SourceWatch resources

 * Mark O'Brien
 * Johnson Winter & Slattery
 * SLAPP's
 * SLAPP's in Australia
 * Gunns 20