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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
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]
Later in 1984, the ACB decided to forbid films containing sexual violence and the film was re-banned. Ever since, the film's rating has fluctuated between RC (Refused Classification) and R18+ (depending on the version). In 2010, the ACB refused classification for the "Imperial Edition" DVD of Caligula; it was also refused in 2005. In 2021, the ...
The contextual truth defence is a statutory defence against the charge of defamation under the law of South Australia and New South Wales. It was created by the Defamation Act 2005. [1] [2] The Defamation Amendment Act 2020 contains wording to amend the definition of the contextual truth defence. [3]
Title Director Cast (subject of documentary) Genre Notes Release date Blinky Bill the Movie: Deane Taylor: Ryan Kwanten, Rufus Sewell, Toni Collette, David Wenham, Deborah Mailman, Richard Roxburgh, Robin McLeavy, Barry Otto, Barry Humphries
Crosby v Kelly is an important Federal Court of Australia case concerning the jurisdiction of the court to hear defamation claims. The judgment of the Full Court confirmed that the Court has original jurisdiction to hear defamation claims that could be heard by a Territory court, specifically the Supreme Court of the Australian Capital Territory.
Title Director Cast Genre Notes 5 Seasons: Steven McGregor: Moses Numamurdirdi, Tom E. Lewis: Documentary: The Actress: Zak Hilditch: Caitlin Higgins, Matt Hardie
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 .