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NSW Personal Defamation 5 Years Ago - Too Late to Take Action?

Discussion in 'Defamation Law Forum' started by catherine dowsett, 2 November 2015.

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  1. catherine dowsett

    4 October 2015
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    My husband and I were personally defamed and this defamation has destroyed my family and my kids, in particular, who refuse to contact me anymore. This append in 2010/2011 so I am wondering if it's not too late for start taking action.

    If I didn't react earlier, it's because I was threatened by this person ( I have the proof), and I was very scared. I have proof of this defamation (emails, family's statutory declaration, friend's statutory declaration). This person has destroyed my life with this defamation and this is a enormous pain everyday.

    I would be grateful for any help.

    Thank you.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi catherine,

    In NSW, you must bring any action for defamation within one year of the date of publication. The court however has a discretion to extend the period to up to three years if it decides that it is 'just and reasonable' to do so.

    So the short answer to your question is yes it is too late.

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