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Where am I now? Lawlink > Law Reform Commission > Publications > Index

Report 75 (1995) - Defamation

Index

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    Absolute privilege see also Parliamentary proceedings
      Commission’s approach to
    11.8
      common law relating to
    11.11
      format of legislation
    11.36-11.37
      how located
    11.32-11.35
      judicial and quasi-judicial proceedings
    11.28-11.29
      legislative extension of
    1.4-11.5, 11.30
      matters of state
    11.11-11.13
      parliamentary proceedings
    11.14-11.27
      policy governing legislative grant of
    11.10
      proceedings of inquiry under s 18
    11.38
      rationale of
    11.1
      scope of
    11.2
      triable defence of
    6.18-6.21
    Account of profits
    6.57-
    Aggravated damages see Damages
    Alternative dispute resolution see also Mediation
    -
      arbitration
    14.3
    Appeals
      Substitution of verdict of appeal court for that of jury
    7.2
    Attributed statements
    12.22-12.25-
    Comment
    -
      declaration of falsity and
    6.32
      onus in defence of
    4.23-4.25
    Constitution
    -
      effect on law of defamation
    1.9, 2.27-2.28, 10.13
    Constitutional defence
    -
      falsity and
    4.13
      ingredients of
    1.9, 2.27, 10.14
      scope of
    5.3-5.6, 10.15-10.17
    Contextual truth
    -
      declaration of falsity and
    6.28-6.30
      onus in
    4.27
    Court and official notices
    -
      defence of
    12.28-12.29
      triable defence of
    6.18-6.20, 6.23-6.24-
    Damages in defamation
      caps on damages
    7.11- 7.15
      chill on freedom of speech
    2.23, 2.27, 3.28, 6.46, 6.50-6.51
      compensation
    2.12
      deficiencies of
    2.11, 2.26
      economic loss
    2.21
      ingredients of award
    2.12
      interest on
    7.21-7.24
      level of
    1.8, 2.26, 3.25
      relationship to personal injury awards
    3.27, 7.4-7.10
      role of jury in relation to
    3.24-3.29
      vindication in
    2.6, 2.13-2.15
    Declaration of falsity
      costs in
    2.19, 6.44-6.46
      defences to
    2.19, 6.16-6.32
      discretionary nature of
    6.13-6.15
      failure to comply with
    6.9
      features of
    2.17
      freedom of political discussion and
    6.48-6.51
      function of juries in
    3.3, 6.35
      imputations on which based
    6.12
      limitation period
    6.33
      limited to Supreme Court
    6.34
      publication of
    6.38-6.43
      purpose of
    2.16, 2.19, 6.2, 6.4-6.5, 6.17-6.18
      relationship to claim for economic loss
    6.47
      relationship to damages
    2.18, 6.6-6.11
      triable defences to
    6.19-6.24
      speed of
    6.33, 6.36-6.37
    Declarations
    -
      role of
    6.3
    Defamation
    -
      ingredients of cause of action in
    4.1
    Defamatory meaning
    -
      role of jury
    3.12-3.14
    Defamation Bill 1992
    1.20
    Defences see also Absolute privilege, Comment, Constitutional defence, Court and official
    notices, Contextual truth, Qualified privilege, Protected report, Unlikelihood of harm
      declarations of falsity and
    6.16-6.32
      -role of jury in relation to
    3.21- 3.23-
    Economic loss
    2.21, 6.47, 8.20-
    Empirical research
    1.21, 3.25-
    Exemplary damages
      New South Wales law
    2.14, 2.23
      role of
    2.23-
    Falsity
      aggravated damages and
    7.19-7.20
      burden of proof of
    4.18-4.21
      common law
    2.6, 4.7
      declaration of falsity as effecting
    6.4-6.5
      discovery and
    4.14
      effect of truth as a defence
    4.8-4.9
      effect on damages
    2.4, 4.8, 7.16-7.18
      freedom of speech and
    2.30, 4.12
      ingredient of the cause of action
    4.7-4.15
      New South Wales law
    2.4, 4.7
      relationship to constitutional defence
    4.13
      role of jury in relation to
    3.15
      role of in cause of action
    2.4, 2.8
      vindication in finding of
    2.6, 2.8, 2.9, 4.11
    Freedom of political discussion
    -
      constitutional implication of
    1.9, 2.27
      declaration of falsity and
    6.48-6.51
      relationship to public figure test
    2.28
      scope of
    2.28
    Freedom of the press
      publication of declaration of falsity and
    6.39
    Freedom of speech
      influence on Commission’s approach
    2.30, 10.18-10.20
      injunctions and
    6.54
      limitations on
    2.31
      publication of declaration of falsity and
    6.39
      relationship to protection of reputation
    2.1-2.2
      scope of
    2.21, 2.29-
    Imputations
    \-
      Commission’s view of
    4.4-4.6
      common law
    1.19, 4.3
      matter containing multiple
    4.2
      matters not capable of being proved true or false
    4.22, 4.26, 6.12
      meaning of
    4.2
      New South Wales position
    1.19, 4.2
      role of jury in relation to
    3.12-3.14
    Injunctions
    -
      interlocutory
    6.54
      mandatory orders
    6.55-6.56
    Innocent dissemination
    -
      Commission’s approach to
    9.5-9.6, 9.9
      declaration of falsity against innocent publisher
    6.15, 9.5
      meaning of
    9.2-9.3
      subordinate publishers
    9.3, 9.7-9.9
    Innuendo
    3.18, 3.33
    Jury
      case management of issues before
    3.31-3.32. 3.35
      Commission’s approach to role of
    3.8-3.11
      community support for
    3.7
      costs associated with
    3.10
      incidence of jury trial in Australia
    3.5, 3.9
      position of in New South Wales
    3.2, 3.34
      possible role in defamation cases
    3.6, 3.12-3.29
      role of
    1.10, 1.18, 3.2-3.3, 3.8
    Justification
      abolition of defence of
    4.15
      truth alone as defence of
    1.10
    Limitation periods
      actions for damages
    13.4-13.5
      commencement of
    13.5
      extension of
    13.5
      declarations of falsity
    6.33
      necessity for short limitation period
    13.4
      rationale of
    13.2
    Local government authorities
      defamation actions by
    1.9
      extension of absolute privilege to
    11.31
      -protected report defence and
    12.17-12.19
    Mandatory correction orders see Injunctions
    -
    Mediation
      acceptability of
    14.3, 14.5-14.6
      Commission’s approach to
    14.4
      meaning of
    14.2
      procedures governing
    14.12-14.13
      statutory basis of
    14.8-14.11
      utility in defamation actions
    --14.1-14.7
    Offer of amends
      defence of
    8.21-8.23
      effect of declaration of falsity on
    6.14
      plaintiff forced to accept non-monetary remedy
    8.2
      -proposals for reform of
    --8.24
    Parliamentary proceedings
      absolute privilege and
    11.14-11.27
      extent of protection extending to
    11.17-11.23
      parliamentary papers and proceedings legislation
    11.24
      rights of reply
    11.25-11.27
    Privacy
      breach of as founding action in defamation
    4.16
      declaration of falsity and
    4.17
      effect on Commission’s approach to reform
    1.23-1.24, 2.35-2.36
      relationship to law of defamation
    1.22, 2.33-2.36, 4.10. 4.16-1.17
      scope of
    2.32
    Privilege see Absolute privilege, Qualified privilege,
    protected Report-
    Protected report
      attributed statements
    12.22-12.25
      Commission’s approach to
    12.4
      common law defence of
    12.2-12.4
      judicial proceedings
    12.3
      legislative format of
    12.14
      parliamentary reports and debates
    12.3
      policy governing legislative grant of
    12.11-12.13
      proceedings at general company meetings
    12.20-12.21
      proceedings of local authorities
    12.17-12.19
      rationale of defence of
    12.1, 12.4
      right of reply as possible ingredient of defence
    12.26-12.27
      statutory defence of
    12.5-12.7
      statutory extensions of defence
    12.8-12.13
      triable defence of
    6.18-6.10, 6.22, 6.24
    Public figure test
      actual malice requirement
    5.8
      burden of proof in
    5.8, 5.16
      Commission’s approach to
    2.29, 5.7, 5.22
      critique of
    5.12-5.21
      effect on regulation of media industry
    5.18
      falsity in
    5.9, 5.19-5.21
      fault in
    5.8-5.10, 5.13. 5.15
      meaning of
    5.1
      range of plaintiffs to which applicable
    5.9, 5.12
      relationship to constitutional defence
    5.3-5.6
      shield laws and
    5.14
    Publication
    -
      role of jury in relation to
    3.17-3.19
    Public interest
      absence of as founding an action in defamation
    4.16
      defences, in
    6.24, 12.1, 12.3 12.4
      role of jury in relation to
    -3.16
    Qualified privilege
      common law defence of
    10.1
      declaration of falsity and
    6.25-6.27
      duty/interest requirement
    10.1, 10.2, 10.6-10.8, 10.9, 10.17
      malice
    10.1, 10.5
      meaning and rationale of
    10.1
      reasonableness requirement
    10.2, 10.9-10.12, 10.16
      realtionship to constitutional defence
    10.3, 10.13-10.17
      statutory defence of-
    -10.2,10.9-10.12
    Reference
    -
      background to
    1.1-1.2
      course of
    1.3-1.6
    Remedies see also Damages and Declaration of falsity
      alternative remedies
    2.20, 6.6-6.11, 8.2
      object of
    2.10
    Requested corrections
      adequacy requirement
    8.11-8.16
      costs issues
    8.18-8.19
      court’s function in relation to
    8.8
      effect on declaration of falsity
    6.14, 8.3
      procedure for
    8.7-8.8
      promptness requirement
    8.9-8.10
      rationale of
    8.1-8.6
      relationship to claim for economic loss
    8.20
    Reputation
      distinction from character
    2.4
      how vindicated
    2.6, 4.11
      meaning of
    2.3
      protection of as object of the law of defamation
    2.1
      relationship to freedom of speech
    2.1-2.2
    Rules of Court
    13.13
    Shield laws
    1.26, 5.14, 10.21-10.27
    Stop writs
    13.8-13.12
    Striking out actions
    13.6-13.7
    Truth see also Falsity, Justification
      importance of public resolution of issues of
    -6.5
    Uniformity
    1.14-1.19, 1.25
    Unlikelihood of harm
    6.31
    Vindication
      damages as
    2.6
      how achieved
    2.6, 2.24-2.25
      object of law of defamation
    2.5

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