Defamation Act 3: Beyond Thunderdome

It has been nearly three years since the majority of Australian jurisdictions adopted Stage 1 of the Uniform Defamation Provisions. Since then, Courts in those jurisdictions have grappled with some of the biggest changes occasioned by the new provisions. In the meantime, Stage 2 of the proposed reforms are yet to materialise, but may not be far off on the horizon.

In this CPD presentation, barristers Sanjay Schrapel and Toby Mullen will traverse the judicial developments that have provided much-needed guidance on the substantial changes made to the Defamation Acts by the Stage 1 Reforms, including:

*Requirements of the new mandatory Concerns Notice provisions;

*interpreting the new serious harm threshold;

*the application of the public interest defence;

*the creation of the “single publication” rule; and

*changes made to the test for extending the 12-month limitation period.

Sanjay and Toby also discuss the likely impact of the Stage 2 reforms, if implemented in 2024 as recently proposed by the Standing Council of Attorneys-General.