NSW Can malice be pleaded in defamation pleadings?

[Jaywoo220]

With regards to UCPR, can malice be pleaded in defamation pleadings?

 

[Rod]

Assuming you mean as the plaintiff - yes.

 

[Jaywoo220]

Hi Rod,

Ucpr 14.30. Nsw.

I pleaded malice in the SOC but it looks like they will be struck out, and can only be used in reply?

 

[Rod]

Yes, in reply to their defences where malice can defeat many defences.

Though you need to prove malice and that is not always easy.

 

[Jaywoo220]

Okay, so you agree they have a right to strike out malice pleadings in SOC with regard to ucpr 14.30, and then I can re add, or respond with malice pleadings, in the reply to their defence.

Kind regards,

Jason.

 

[Jaywoo220]

Or file an amended statement of claim which I am doing.

 

[Rod]

wait for their defence and you then plead in response.

 

[Jaywoo220]

Rod,

Could you point me in the direction of a NSW defamation statemeny of claim that has been lodged with the district court?

Do you know how I would find one?

Any help appreciated.

Thanks in advance.