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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 .
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.
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]
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
Barilaro v Shanks-Markovina & Google was a defamation court case before the Federal Court of Australia in 2021 and 2022. [2] [3] The case revolved around claims that two videos published on the friendlyjordies YouTube channel brought the then Deputy Premier of New South Wales, John Barilaro, into public disrepute, odium, ridicule, and contempt. [4]
This template links to a variety of different case reports located on the Australasian Legal Information Institute (AustLII) website. You should look up the case you wish to cite on AustLII, then refer to the URL of the web page on which the case appears to fill in the information required by the template.
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