Defamation Law in Australia, 3rd edition

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.

Book
AUD$ 194.00
Out of Stock
Release Date:
ISBN/ISSN: 9780409345575

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

  1. The Cause Of Action For Defamation

  2. Publication

  3. Identification

  4. Meaning

  5. Defamation

  6. Particular Defamatory Meanings

  7. Capacity To Sue — Plaintiffs

  8. Capacity To Be Sued — Defendants

  9. Privacy

  10. Other Causes Of Action


Part Three — Resolution Of Civil Disputes Without Litigation

  1. Alternative Solutions


Part Four — Litigation Of Civil Disputes — Including Defences In Civil Proceedings And Remedies

  1. Role Of Judge And Jury

  2. The Defences

  3. Truth

  4. Contextual Truth

  5. Absolute Privilege

  6. The Privileged Occasion

  7. Malice

  8. Statements To The World At Large

  9. Statutory Defence Of Qualified Privilege

  10. Protected Reports

  11. Fair Comment

  12. Honest Opinion

  13. Innocent Dissemination

  14. Circumstances Of Publication

  15. Damages At Common Law

  16. General Damages

  17. Increasing Damages — Aggravation

  18. Exemplary Damages

  19. Reducing Damages — Mitigation

  20. Special Damages

  21. Award Of Damages

  22. Other Aspects Of Damages

  23. Alternative Remedies

  24. Non-Monetary Remedies

  25. Costs


Part Five — Miscellaneous

  1. Evidence/Transitional

  2. Criminal Law


Appendix I – Defamation Act 2005 (NSW)

Parts 1 – 5


Appendix II – Comparative Tables


Appendix III - Defamation Act 2005 (NSW


Parts 14 - 15