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The Law of Defamation – the Basics

a) What is a defamatory statement or matter: A defamatory statement or matter is a statement or matter which holds a person up to ‘hatred, ridicule or contempt’ or ‘tends to lower the person in the estimation of reasonable members of the Australian community’. Issues to note: Serious harm [Note: This requirement applies to all...

Defamation Procedure – The Basics

A. If you have been defamed. If a person has been defamed, then that person may wish to make a claim in defamation, including potentially instituting proceedings for defamation, against the publisher of the matter. The usual procedure for making a claim in defamation, including potentially instituting proceedings, is as follows: preparation of a formal...

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