Defamation Law in Australia, 3rd edition (eBook)

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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.

eBook
AUD$ 203.70
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ISBN/ISSN: 9780409345582

Product description

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

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

Featured authors

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