Businesswoman awarded $280,000 after columnist defamed her

A judge has found that Australian Financial Review columnist Joe Aston defamed venture capitalist Elaine Stead, dismissing a defence of “honest opinion”.

Jan 27, 2021, updated May 22, 2025
Venture capitalist Elaine Stead.
Venture capitalist Elaine Stead.

Federal Court judge Michael Lee said venture capitalist Elaine Stead was entitled to $280,000 damages over the defamation.

Joe Aston described the former Blue Sky Alternative Investments director as a ā€œfeminist cretinā€ who ā€œset fire to other people’s moneyā€.

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Lee said the pleaded defence of ā€œhonest opinionā€ had not been made out by either Nine’s Fairfax Media nor Aston so Stead was entitled to relief.

ā€œWhat occurred at Blue Sky was a legitimate (indeed, one might think important) matter of public interest – particularly for a newspaper like the AFR,ā€ Lee said.

ā€œHowever, given the offensive way that Mr Aston expressed himself, it appears Dr Stead felt she had no choice but to resort to the blunt instrument of defamation litigation.ā€

The judge said this did not mean opinion or leader writers had to be ā€œmealy-mouthed in denouncing hypocrisy, cant, farce or misfeasanceā€.

But unless the truth could be proved, opinions needed to be properly based on facts stated in what is written or be otherwise evident.

Stead’s lawyer Sue Chrysanthou SC had earlier told the court that before the AFR articles her client’s reputation was ā€œremarkable,ā€ especially in a heavily male-dominated profession with very few female venture capitalists.

Chrysanthou accused Aston of being misogynistic in his attacks on Stead by using particularly sexist language.

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ā€œMr Aston targeted my client because she is a woman,ā€ he said.

The articles alleged she ā€œrecklessly destroyed the capital of business venturesā€ and Stead was a ā€œstupidā€ woman ā€œwho made stupid investments into worthless companiesā€.

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In one article Aston used a social media post to link author and high-profile feminist Clementine Ford, who he calls a ā€œfeminist cretinā€, with Stead who he implied was similar in nature, Chrysanthou said.

In another article, Aston wrote that ā€œventure capital pyromaniacā€ Stead ā€œset fire to other people’s moneyā€ with an investment in an ā€œunviable enterpriseā€.

Originally Stead sought removal of the articles and an apology, but Fairfax Media stood by the stories.

Lee stood the case over for seven days to deal with any argument on the grant of relief, interest and costs, before making final orders.

An AFR spokesperson said the publication was disappointed by the court’s decision, but Lee found there was a strong public interest in the AFR and Aston reporting on the Blue Sky collapse and the conduct of its executives.

They were the subject of three ongoing class actions.

ā€œThe damages awarded of $280,000 are low compared to many other judgments in this area of law. They are dwarfed by both sides’ legal fees, which exceed $2 million,ā€ the spokesperson said.

ā€œExpensive and disproportionate defamation cases like this have a chilling effect on freedom of speech. The proposed reforms to the Defamation Act should go some way toward correcting the imbalance.ā€

-AAP

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