Contract interpretation
Principles of Contract Construction
It is almost inevitable. A contract, whether commercial or consumer in nature, is bound to have a word, phrase, provision, part or section which is not entirely clear and gives rise to more than one reasonable interpretation.
This is where most disputes between parties will occur.
Interim, interlocutory and final injunctions in defamation law
How do interim, interlocutory and final injunctions generally apply in defamation cases?
At times, an award of monetary damages may simply not be enough to console, repair and vindicate the reputation of the plaintiff. As the saying goes, the “slur remains“, or the “mud sticks“,
The art of calculating damages in defamation cases
How are damages calculated in defamation cases?
Section 34 of the Defamation Act 2005 (Qld) states that:
“In determining the amount of damages to be awarded in any defamation proceedings, the court is to ensure that there is an appropriate and rational relationship between the harm sustained by
The overarching objects of the Defamation Act 2005 (Qld)
What are the objectives of the Defamation Act 2005 (Qld)?
Objective 1: Provide effective and fair remedies for persons whose reputations are harmed by the publication of a defamatory matter. Objective 2: Ensure that the law of defamation does not place unreasonable limits on freedom of expression.Issuing a concerns notice/cease and desist letter in defamation matters
What is a concerns notice / cease and desist letter?
Part 3 of the Defamation Act 2005 (Qld) (the “Act“) provides a means by which a person defamed (the “aggrieved person“) and the person that published the defamatory matter (the “publisher
The cause of action for defamation
What is the cause of action for defamation?
At common law (aka Judge-made law), the cause of action for defamation (also, traditionally, known as “libel” or “slander” (where the former related to written defamation, and the latter to verbal defamation)), is constituted where a person
The statutory defences to defamation
What are the most common defences to defamation?
The statutory defences that exist under the Defamation Act 2005 (Qld) (the “Act“) co-exist with the common law defences (and in fact, in many ways, overlap with one another). Nonetheless, the Act is clear in preserving any defences available