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Defamation Law in Australia

Defamation Law in Australia

Author: George, P
Publisher: LexisNexis Australia
ISBN: 9780409321548
Published In: March 2006
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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The introduction of uniform defamation legislation substantially based on the common law underlines the importance of an historical appreciation of the development of this important area of jurisprudence. Mr George's comprehensive work sets Australian defamation law in that historical context. It analyses the development of the law of defamation from biblical times to the present. It will be appreciated by all, not least those legal practitioners in jurisdictions previously regulated by defamation legislation the new statute enjoins them to forget.

Foreword by The Hon Justice McColl AO.

Defamation law is now substantially uniform in Australia. The Defamation Act 2005, which came into effect in most jurisdictions on 1 January 2006, modifies the common law in a number of respects but does not replace it. The text sets out the general principles applying to this area of law, identifies the provisions of the new Act, and explains their relevance. It also comments upon basic concepts, such as reputation and freedom of speech. The Defamation Act is included as an Appendix, together with a Comparative Table of Defamation Statutes contrasting the previous legislation with the new Act. This text will be of interest not only to legal practitioners, but also to publishers, journalists and students of this area of the law.

* History and Concepts
* History Of Defamation Law In England
* History of Defamation Law In Australia
* Reputation
* Freedom of Speech
* General Principles:
* The Cause of Action for Defamation Law
* Publication
* Identification
* Defamatory Meaning
* Defamation
* Particular Defamatory Meanings
* Capacity to Sue - Plaintiffs
* Capacity to be Sued - Defendants
* Privacy
* Other Causes of Action
* Resolution of Civil Disputes without Litigation
* Alternative Solutions
* Litigation of Civil Disputes - including defences in Civil Proceedings and Remedies
* Role of Judge And Jury
* The Defences
* Truth
* Contextual Truth
* Absolute Privilege
* The Privileged Occasion
* Malice
* Statements To The World At Large
* Statutory Defence of Qualified Privilege
* Protected Reports
* Fair Comment
* Honest Opinion
* Innocent Dissemination
* Circumstances of Publication
* Damages at Common Law
* General Damages
* Increasing Damages - Aggravation
* Exemplary Damages - Punishing the Defendant
* Reducing Damages - Mitigation
* Special Damages - Economic Loss
* Award of Damages
* Other Aspects of Damages
* Alternative Remedies
* Proposed National (Non-Monetary) Remedies
* Costs
* Miscellaneous
* Evidence/Transitional
* Criminal Law