Defamation Law In Australia, 3rd Edition

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Defamation Law In Australia, 3rd Edition

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Defamation Law in Australia commences with a colourful historical analysis of defamation action in England and Australia, before providing an in-depth commentary on the general underlying law, principles and concepts.

Following the introduction of the Defamation Act 2005 (Cth), defamation law is substantially uniform in Australia. The provisions of the Defamation Act are identified and explained, and important topics such as reputation and freedom of speech are explored.

This updated edition has been revised to reflect changes in legislation and case law, including an analysis of major decisions relating to publication on the internet, defences of truth and contextual truth, and awards of damages. It addresses developments in invasion of privacy law in Australia and explores topical issues such as disclosure of confidential sources and reform of the Defamation Act after more than 10 years operation.

The Defamation Act is fully reproduced as an Appendix, together with a Comparative Table of Defamation Statutes, contrasting previous legislation in each State and Territory with the uniform Act.

Features
- A practical, easy to read and engaging style
- Commentary on basic concepts – reputation, privacy and freedom of speech
- Historical anaylsis of defamation law
- Appendix includes the Defamation Act and a comparative table of Defamation Statutes
Part One — History and Concepts
1. Introduction
2. History Of Defamation Law In England
3. History Of Defamation Law In Australia
4. Reputation
5. Freedom Of Speech

Part Two — General Principles
6. The Cause Of Action For Defamation
7. Publication
8. Identification
9. Meaning
10. Defamation
11. Particular Defamatory Meanings
12. Capacity To Sue — Plaintiffs
13. Capacity To Be Sued — Defendants
14. Privacy
15. Other Causes Of Action

Part Three — Resolution Of Civil Disputes Without Litigation
16. Alternative Solutions

Part Four — Litigation Of Civil Disputes — Including Defences In Civil Proceedings And Remedies
17. Role Of Judge And Jury
18. The Defences
19. Truth
20. Contextual Truth
21. Absolute Privilege
22. The Privileged Occasion
23. Malice
24. Statements To The World At Large
25. Statutory Defence Of Qualified Privilege
26. Protected Reports
27. Fair Comment
28. Honest Opinion
29. Innocent Dissemination
30. Circumstances Of Publication
31. Damages At Common Law
32. General Damages
33. Increasing Damages — Aggravation
34. Exemplary Damages
35. Reducing Damages — Mitigation
36. Special Damages
37. Award Of Damages
38. Other Aspects Of Damages
39. Alternative Remedies
40. Non-Monetary Remedies
41. Costs

Part Five — Miscellaneous
42. Evidence/Transitional
43. Criminal Law

Appendix I – Defamation Act 2005 (NSW)
Parts 1 – 5

Appendix II – Comparative Tables

Appendix III - Defamation Act 2005 (NSW)
Parts 14 - 15
Patrick George is the Senior Partner of the Australian office of Kennedys. He has acted for many high profile plaintiffs and media defendants in defamation and privacy matters over a 30 year period. Patrick is also the general editor of Social Media and the Law which is now in its second edition. He has recently advised on a number of social media cases.