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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.
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]
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 .
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]
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]
Legal experts believe the unknown female celebrity tied to the Jay-Z and Sean "Diddy" Combs rape lawsuit has sought her own representation with attorneys.
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]