Last week the Federal Court of Australia dismissed defamation proceedings brought by Dr Al Muderis, a prominent orthopaedic surgeon (Al Muderis v Nine Network Australia Pty Limited [2025] FCA 909).
The proceedings concerned a 2022 60 Minutes television broadcast and related online and print publications which contended that “Dr Al Muderis engaged in improper sales tactics, misled patients and downplayed the risks of osseointegration surgery, did not provide proper aftercare, and prioritised money over patient care.” Dr Al Muderis claimed that the publications conveyed 75 defamatory imputations.
Following a trial exceeding 50 days heard in 2023 and 2024, the Court upheld the Respondents’ contextual truth and the public interest defences and dismissed the proceedings. The judgment serves as an important example of the use of the public interest defence by a Publisher, with her Honour observing that “the media coverage on Dr Al Muderis (and osseointegration surgery) to date had presented a one-sided picture, which emphasises or heightens the objective public interest in this topic.”
Declan Roche SC appeared for Nine.