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Defamation Law in Australia, 3rd edition

Defamation Law in Australia, 3rd edition

George, P, 2017

Available Formats

Format ISBN Price
Book 9780409345575 $185.00
eBook 9780409345582 $185.00

Defamation Law in Australia, 3rd edition 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.

 

Format: Paperback

Description

Defamation Law in Australia, 3rd edition 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
  •  

    Related Titles

    Balkin and Davis, Law of Torts, 5th edition, 2013
    George et al, Social Media and the Law, 2nd edition, 2016
    George, Quick Reference Card, Defamation, 2015
    Lockhart, The Law of Misleading or Deceptive Conduct, 4th edition, 2014
    Pearce and Geddes, Statutory Interpretation in Australia, 8th edition, 2014

    Author

    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.

    Table of Contents

    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

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