LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Defamation on Initiating Application - Absolute Privilege Defence?

Discussion in 'Defamation Law Forum' started by Wandering, 17 September 2015.

  1. Wandering

    Wandering Member

    Joined:
    17 September 2015
    Messages:
    1
    Likes Received:
    0
    If defamatory statements are made in the initiating application of a family law matter, or orders are sought that insinuate defamatory actions, are they protected by the absolute privilege defence to defamation?

    I can prove malice and the statements are untrue. I can also prove that they knew the statements were untrue at the time of publishing.

    They went to no effort to clarify either.

    Thank you
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    Hi Wandering,

    Yes more than likely such statements are covered by absolute privilege and this is a defence to defamation even when statements were made with improper motive or with malice.
     

Share This Page

Loading...