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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]
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]
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 .
A couple in Australia have been accused of faking their young son's cancer diagnosis "It will be alleged that the accused shaved their 6-year-old child’s head, eyebrows, placed him in a ...
Certain subject-matter in Australia is subject to various forms of government censorship. These include matters of national security, judicial non-publication or suppression orders, defamation law, the federal Racial Discrimination Act 1975, film and literature (including video game) classification, and advertising restrictions.
A top government watchdog raised concerns Tuesday over the handling of leak investigations during the first Trump administration that targeted members of Congress and the media despite finding no ...