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  • The art of calculating damages in defamation cases

    The art of calculating damages in defamation cases

    Zoran Gelic,

    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

    Posted in Defamation Law
  • The overarching objects of the Defamation Act 2005 (Qld)

    The overarching objects of the Defamation Act 2005 (Qld)

    Zoran Gelic,

    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.
    Posted in Defamation Law
  • The cause of action for defamation

    The cause of action for defamation

    Zoran Gelic,

    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

    Posted in Defamation Law
  • The statutory defences to defamation

    The statutory defences to defamation

    Zoran Gelic,

    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

    Posted in Defamation Law