Archive for the 'Defamation' Category

8 March 2016

What relevance does malicious intent have on defamation proceedings?

It is often the case that my clients ask this very question. Unfortunately, it is common for perpetrators to be motivated by malice when publishing defamatory material and proof of a malicious intent serves to render useless some of the defences that could be relied upon by a defendant in defamation proceedings. How to prove […]

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29 October 2015

Can a company sue for defamation?

Companies are regarded as separate legal entities by law and are entitled to sue for defamation in certain circumstances. Section 9(1) of the Defamation Act 2005 (Qld) (“the Act”) states that, “ A corporation has no cause of action for defamation in relation to the publication of defamatory matter about the corporation unless it was […]

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28 May 2015

What is a Concerns Notice?

What do you do if you have been defamed? If you believe that you have been defamed, then the first step in a defamation action is to issue a Concerns Notice. This notice will usually outline the date on which the defamatory statements were made, what was said, the defamatory imputations that stem from the […]

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21 May 2015

What is the limitation period on bringing an action for defamation?

Time limitation on commencing defamation proceedings Prior to the Defamation Act 2005 (Qld) (“the Defamation Act”), a person had six years from the date of the publication to commence defamation proceedings. Since 2005, the limitation period prescribed under section 10AA of the Limitation of Actions Act 1974 (Qld) (“the Act”) requires a person to commence […]

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