LAWS1003 Chapter Notes - Chapter 23: Defamation Act, Nsw Law Reports, Aust
Document Summary
Week ten defences and remedies in defamation. If no successful defence is raised by the defendant, the plaintiff is entitled to damages to compensate them for injury to their reputation and other economic loss. If it is appropriate, an injunction to prevent either the publication or the republication of the defamatory matter may be ordered by the court. The defences contained in the defamation acts coexist with the defences at common law. A defendant may pleas alternate and inconsistence defences. Casey v australian broadcasting commission [1981] 1 nswlr 305. Truth is a complete defence at common law and under the legislation as there is a presumption that telling the truth about a person cannot injure their reputation. The matter complained of must be true both in substance and in effect. Ho(cid:449)de(cid:374) (cid:448) (cid:858)truth(cid:859) & (cid:858)sports(cid:373)a(cid:374)(cid:859) ltd (1937) 58 clr 416.
