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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
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.
Dow Jones & Co Inc v Gutnick was an Internet defamation case heard in the High Court of Australia, decided on 10 December 2002. The 28 October 2000 edition of Barron's Online, published by Dow Jones, contained an article entitled "Unholy Gains" in which several references were made to the respondent, Joseph Gutnick.
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 .
The defendants also claimed qualified privilege under the Defamation Act 1974 , which the court held to be appropriate and adapted. In 2015 the High Court in McCloy v NSW revised the test of whether the law in question impinges on the implied freedom of political communication through a three-step test: [6]
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]
An organizer estimates 200 community members shuttled about 26,000 people from Amish weddings to the polls to vote for the Republican nominee.
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]