Defamation Act 2: Electric Boogaloo

CPD Seminar - 04 August 2021

Event Details

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  • Date 04/08/2021
  • Time 01:00 pm - 02:00 pm
  • Price Free
  • Chair: Greens List
  • Presenter: Toby Mullen and Sanjay Schrapel
  • Compulsory Field: Substantive Law
  • CPD Units: 1
  • Venue Live GoToWebinar


On 1 July 2021, substantial amendments to the Uniform Defamation Acts were passed in NSW, Victoria, South Australia and Queensland. In this seminar, Toby Mullen and Sanjay Schrapel will identify and explore some of the more substantive changes, and explain how they might affect the advice you give your clients prior to any potential defamation litigation. Is the amended legislation reflective of true “root and branch” change to the law of defamation, or is it just another derivative sequel?

In particular, this presentation will address the following major substantive changes:

* The new “serious harm” test and how it might be applied (with reference to decisions from the United Kingdom which have applied the same test incorporated into their 2013 Defamation Act);

* Changes to the entitlement of certain corporations to sue for defamation;

* Changes to the “single publication” rule;

* The new compulsory Concerns Notice requirements;

* The revised Contextual Truth and Honest Opinion defences;

* The new “reportage” defence (“publication of matter concerning the public interest”); and

* Changes to the “cap” on damages.