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NSW Defamation on Initiating Application - Absolute Privilege Defence?

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

  1. Wandering

    Wandering Member

    17 September 2015
    Likes Received:
    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 Guest

    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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