NSW Defamation on Initiating Application - Absolute Privilege Defence?

[Wandering]

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

 

[Sophea]

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.