NSW Can malice be pleaded in defamation pleadings?

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Rod

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Assuming you mean as the plaintiff - yes.
 

Jaywoo220

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11 November 2019
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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

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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

Well-Known Member
11 November 2019
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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.
 

Rod

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wait for their defence and you then plead in response.
 

Jaywoo220

Well-Known Member
11 November 2019
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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.