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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