Joseph Gutnick (sometimes referred to as Diamond Joe) is an Australian businessman. He is well known for his leadership of Western Mining Corporation and other resource/mining businesses.
He is a former president of the Melbourne Football Club. He is famous in legal circles for suing Dow Jones, in which a precedent was established that material published on the Internet is deemed to be published in the place that it is viewed, not the place of origin. The Melbourne Football Club, nicknamed The Demons since 1933, is an Australian rules football club playing in the Australian Football League, based in Melbourne, Victoria. ... Dow Jones & Company NYSE: DJ, based in the United States, is a publishing and financial information firm. ...
He is an Orthodox Jew and is closely linked to Benjamin Netanyahu. (help· info) (Hebrew: ×‘Ö¼Ö´× Ö°×™Ö¸×žÖ´×™×Ÿ × Ö°×ªÖ·× Ö°×™Ö¸×”×•Ö¼ (without niqqud: ×‘× ×™×ž×™×Ÿ × ×ª× ×™×”×•), Hebrew transliteration written in English: Binyamin Netanyahu, nicknamed Bibi) (born October 21, 1949, Tel Aviv) was the 9th Prime Minister of Israel. ...
Gutnick decided to sue Dow only in relation to that part of the article which portrayed him as Goldbergs abettor.
And, since Gutnick objected to the publication of the disputed material only in Victoria, the Supreme Court of that State was a competent authority to examine the controversy.
Gutnick may reinforce the perception among publishers that to avoid expensive litigation, it is necessary as Guernsey puts it to install online gates and checkpoints around their sites, giving access to only certain viewers.
In order to obtain leave to proceed against an overseas defendant, a plaintiff must subsequently demonstrate that the process makes claims of a kind that are supported by the applicable court rules, unless the defendant does not submit to the jurisdiction by filing an unconditional appearance[?].
Nevertheless, in the Gutnick case, the clearly inappropriate forum-test was reaffirmed and, consequently, it will probably not be departed from in the near future.
Gutnick dealt with civil rather than criminal penalties, and more to the point cannot be seen as a valid indication of how the courts in 190 other nations will decide similar disputes.
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