Defamation Act 2013, commencement and some initial reactions

3 05 2013

Libel ReformAs we mentioned in a post last week the Defamation Act 2013 received Royal Assent on 25 April 2013.  It is available on the “resources” section of the blog – although without the Explanatory Notes (which have still not been published).  The 5RB website provides a short summary of the Act’s provisions. Read the rest of this entry »





Case Law, Australia: Mahon v Mach 1 Financial Services. Fijian Property Developer’s Case Struck Out – Justin Castelan

3 05 2013

mahonIt is well known that a plaintiff has very little chance of getting an injunction to restrain the publication of defamatory matter.  Courts will usually say that damages are an adequate remedy. It is also well known that the Defamation Act provides that, for the most part, a company cannot sue for defamation in Australia.  So what does a company do? Injurious falsehood is the go. A company can sue if there is a false malicious publication and it causes actual financial loss to that company. Very difficult, especially proving malice and especially financial loss, but unlike defamation, the chance for an injunction is greatly increased. Read the rest of this entry »