By Stephen Brook and Kishor Napier-Raman
Huge TV star of yesteryear Daryl Somers is rarely seen on the box now. But court cases are a different story. Somers has been busy fighting for his rights in the Federal Court.
The latest matter is completely different to last year’s court fight, which regular readers will recall, involved Somers asking the Supreme Court to order his IT contractor George Johnson to hand back Somers’ administrator access to his production company’s Microsoft infrastructure after an invoice dispute. The dispute was eventually resolved.
Daryl Somers on the final night of Hey Hey It’s Saturday in 1999.Credit: Simon Schluter.
The latest court beef is with games manufacturer Basefun over the fondly remembered Celebrity Head segment of his Hey Hey It’s Saturday TV show.
If you don’t remember the segment, Federal Court judge Elizabeth Bennett explained it thus in her judgment: “The name of a celebrity is displayed above the head of each player on a headband. Everyone other than that player can see the name of the celebrity. Each player then asks ‘yes or no’ questions until they identify the name of the person displayed above their head.”
Somers Enterprises Australia has had the trademark for Celebrity Head since 1992 after the segment first appeared on the show, and soon after teamed up with Basefun to launch a “parlour game” version – as Bennett termed it. But in 2021 Basefun, planning to reinvent the game, challenged the Somers Enterprises trademark, claiming non-use. A delegate of the Registrar of Trade Marks agreed.
But Somers Enterprises Australia, owned by Somers and wife Julie Somers, a former Australian Ballet senior dancer, appealed that decision in the Federal Court.
We did enjoy the incongruity in a Federal Court judgment of seeing a snap of comedian Glenn Robbins demonstrating the game with a Phar Lap sign stuck on his forehead.
“While I give weight to the Delegate’s decision as a skilled and experienced person, I am required to approach the matter afresh,” Bennett said, before deciding to uphold the appeal and rule in favour of Somers, who preferred to remain politely mute in victory.
“Thank you for your enquiry. Our client respectfully declines to comment in relation to any legal proceedings which relate to him or his interests,” said Somers’ lawyer Jonathan Feder, a partner at law firm K&L Gates. Basefun likewise politely declined to comment. Submissions on costs from both parties are due this week.
Final draft
Well, this is awkward. When you are a group of prominent journalists, on the board of a prominent journalism foundation, and you need to draft a letter crucial to the long-term future of said foundation, whom do you actually get to write the damn thing?
The esteemed Walkley Foundation has been locked in a civil war over a proposal to add two independent directors to its board, a move many champion as it would ease the hold over the board enjoyed by the Media, Entertainment and Arts Alliance union, which has adopted political positions some journalists don’t agree with.
Last month there was an almighty split when half the board resigned after some of the country’s most esteemed journalists – including this masthead’s Kate McClymont and Nick McKenzie, co-signed a letter supporting the proposed overhaul. The letter, which called for the MEAA to “expand and diversify” the board, to ensure the awards’ future success, was addressed to the then board, which included ABC veteran Sally Neighbour.
Imagine our intrigue upon learning that, when scanning the letter’s metadata, the data revealed that the letter’s author was none other than … Sally Neighbour. Neighbour, the ABC’s Adele Ferguson and fellow Walkley director Victoria Laurie were the board faction committed to adding two independent directors.
Neighbour declined to comment. Sources told CBD that veteran journalist Pam Williams was the driving force behind the letter but reached out to Neighbour to help draft it, just to get everything accurate.
Account payable
Here’s an update in the dispute between two former Williamstown neighbours – businessman Russell Marsh and lawyer Ian Baillieu, brother of former premier Ted Baillieu.
Ian and James Baillieu.Credit: Wayne Taylor
Back in December we brought news of the County Court dispute after Marsh, of the local Customs House Hotel, had invoiced Baillieu, who has Parkinson’s disease, for repairs to his old neighbour’s home during 2021. The total bill came to $161,500.
No way, said Baillieu’s investor son James, who fired off a County Court affidavit that Marsh had engaged in deceptive and misleading conduct as well as unconscionable conduct.
Marsh said in his court defence that he was a qualified builder but no longer registered, and that the payments were for repairs Ian had requested and for which he had agreed to pay, adding he was aware his neighbour had Parkinson’s but that Ian was coherent and cogent.
In June this year, Marsh agreed to pay back $70,000 – while denying any wrongdoing. The matter headed back to court when James, who was his father’s litigation guardian, claimed Marsh missed several payment deadlines.
In late November Judge Michael Wise ordered Marsh to pay $402.73 in interest and costs of up to $6000. Last month, Sheriff’s Office Victoria raided Marsh’s Williamstown property and collected $2140.94.
“I was done with asking nicely and him treating money he owed as a joke,” James Baillieu told CBD. “Some people only understand consequences when they turn up in boots.”
Jenny Marsh, wife of Russell, said the couple were unable to comment on the case but did have some things to say about their relationship with Ian.
“He is a dearly loved and respected friend of ours and we wish him all the best and the same goes to [his daughter] Madeleine as well. They are a highly prominent family and we are trying to protect their privacy.”
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