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NSW Defamation on Initiating Application - Absolute Privilege Defence?

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

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  1. Wandering

    Wandering Member

    17 September 2015
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    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

    16 April 2014
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    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.

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