Top Defamation Lawyers in Sydney

Defamation claims could be made in the District Court, Supreme Court or the Federal Court, although most proceedings are heard in the District and Supreme Court based on the amount of damages claimed.

Defamation, like claims arising from trespasses to persons, is actionable per se. This means that the plaintiff is is not required to prove evidence of damages as the mere exposure to defamation itself entitles the plaintiff to compensations in the form of non-economic loss. This is capped by Section 35 of the Defamation Act, and the cap is adjusted annually.

However, if the plaintiff is able to prove economic losses, such amount could be awarded in addition to the non-economic losses discussed above as special damages.

The plaintiff may also be entitled to aggravated compensatory damages, depending on the circumstances of the facts and the case.

Defamation proceedings are not based on the literal meanings of words, but imputation of the publish materials. In another word, it is the conveyed meanings of the publication that requires attention of the plaintiff.

Once the limitation period has passed, a prospective plaintiff may no longer sue in defamation. 

Usually, the limitation period is 12 months, although materials published on the internet could have indefinite limitation period as long as the material remains published on the internet.

However, not everyone could sue for defamation.

Some companies are barred from bringing a claim in defamation.

Defamation could also not be brought by, or against a deceased estate. Incidental to this principle, defamation proceedings must extinguish if the party involved in it passes away.