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Tag: David Rolph (Page 1 of 2)

Australia: the public interest backwater – David Rolph

The UK, Canada, and New Zealand have developed a broader qualified privilege public interest defence … Australia lags in this development, although there are special local impediments … Durie v Gardiner in NZ holds there is nothing special about government or political speech that should not be applied to the protection of all speech … Waiting for the proper case in Australia … Professor David Rolph comments. Continue reading

Defamation Law in Australia: arcane, technical and in need of fundamental reform – David Rolph

RolphDefamation law has a reputation for being the most arcane area of private law. Its reputation is deserved. Described as the ‘Galapagos Islands Division of the law of torts’ by New South Wales Court of Appeal judge, Justice David Ipp, defamation law can be forbidding for lawyers and judges alike. With the introduction of national, uniform defamation laws, the sense of confusion inherent in defamation law may now apply more generally, rather than show any simplification or improvement. Continue reading

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