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The giving of a concerns notice is compulsory, and a pre-requisite to commencing defamation proceedings. Section 12B(1) of the Defamation Act states: (1) An aggrieved person cannot commence defamation proceedings unless— (a) the person has given the proposed defendant a concerns notice in respect of the matter concerned; and
Defamation Act (with its variations) is a stock short title used for legislation in Australia, Hong Kong, Malaysia, New Zealand, the Republic of Ireland and the United Kingdom relating to defamation. It supersedes the short title Libel Act .
AustLII was established in 1995. [1] [2] Founded as a joint program of the University of Technology Sydney and the University of New South Wales law schools, its initial funding was provided by the Australian Research Council. [3] Its public policy purpose is to improve access to justice through access to legal information. [4]
Greatly restricting the right of corporations to sue for defamation (see e.g. Defamation Act 2005 (Vic), s 9). Corporations may, however, still sue for the tort of injurious falsehood, where the burden of proof is greater than in defamation, because the plaintiff must show that the defamation was made with malice and resulted in economic loss. [53]
The current Act is the Defamation Act 1992 which came into force on 1 February 1993 and repealed the Defamation Act 1954. [81] New Zealand law allows for the following remedies in an action for defamation: compensatory damages; an injunction to stop further publication; a correction or a retraction; and in certain cases, punitive damages.
Australia's defamation law emerged from English common law, but has since evolved in application though statute and judicial decisions. To the extent Australia's system retains commonalities with English law, UK jurisprudence retains value as providing guidance to Australian courts.
Lange v Australian Broadcasting Corporation [1] is a High Court of Australia case that upheld the existence of an implied freedom of political communication in the Australian Constitution, but found that it did not necessarily provide a defence to a defamation action.
identity documents such as the British Passport. Consult this guide for full details. Note: Since 2010, almost all information owned by the UK Crown is offered for use and re-use under the Open Government Licence by authority of The Controller of His Majesty's Stationery Office. info
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