Weekly analysis of the latest Australian defamation case law and legal developments by Mark Stanarevic.
Case note on the first published Australian judgment applying the new statutory privacy tort under Schedule 2 of the Privacy Act 1988 (Cth), alongside defamation and intimidation claims. Gibson DCJ granted ex parte interlocutory relief including takedown orders.
Read Analysis →A practitioner’s walkthrough of suing over Facebook posts, comments and private-group publications — covering page-owner liability after Voller, identifying anonymous publishers, the compulsory concerns notice, serious harm and the damages you can recover.
Read Full Guide →Case note on the WA Supreme Court’s $315,000 social-media defamation award against Brittany Higgins. We examine reply-tweet publication, the honest-opinion defence, aggravated damages, the dismissed conspiracy claim, and enforcement of a non-disparagement deed.
Read Analysis →A complete ten-step walkthrough — from preserving the publication and drafting a compliant concerns notice through to mediation, trial and the $497,500 damages cap. Written for Victorians weighing up whether to commence proceedings in the Supreme Court.
Read Full Guide →On 30 April 2026 NCAT ordered Mark Latham to pay the statutory maximum $100,000 for unlawful homosexual vilification and sexual harassment of Alex Greenwich — on top of the $140,000 Federal Court defamation award over the same tweet. A landmark twin-track outcome that every defamation practitioner needs to understand.
Read Analysis →A defamatory one-star review can wipe weeks of revenue off a small business. This practitioner’s guide sets out every step — from the free five-minute report through Google to a Federal Court takedown order — with realistic timeframes, costs and the common mistakes to avoid.
Read Full Guide →Nine days in the Federal Court, judgment reserved. Charlotte MacInnes’s defamation claim against Rebel Wilson over Instagram posts to 11 million followers raises sharp questions about serious harm, justification, aggravated damages and the cost of social-media missteps.
Read Analysis →Generative AI tools regularly invent false facts about real people — from fabricated criminal records to invented scandals. This guide examines how Australian defamation law applies to AI hallucinations, what the Brian Hood and Walters v OpenAI matters teach us, and the practical steps to take when ChatGPT or Gemini publishes a lie about you.
Read Full Guide →The Federal Court holds that a plaintiff who delays defamation proceedings on legal advice to avoid fighting on two fronts while defending concurrent civil proceedings may obtain an extension of the one-year limitation period. A landmark broadening of the time limit framework.
Read Analysis →A comprehensive guide to injunctive relief in Australian defamation law. Covers interlocutory injunctions and the Bonnard v Perryman threshold, permanent restraints after judgment, and the new digital intermediary takedown orders under the Stage 2 reforms.
Read Full Guide →The Queensland Supreme Court confirms that a publisher who fulfils an accepted offer to make amends triggers the section 17(1) statutory bar, permanently extinguishing the plaintiff's right to sue. Key lessons on drafting, compliance, and the finality of accepted offers.
Read Analysis →A comprehensive guide to defamation on social media platforms in Australia. Covers who is liable (posters, sharers, page admins), the digital intermediary defence under section 31A, recent damages awards from $75,000 to $300,000, platform-specific considerations, and a step-by-step action plan for victims.
Read Full Guide →The statutory tort for serious invasions of privacy has created a powerful new cause of action alongside defamation. Unlike defamation, truth is not a defence, no concerns notice is required, and injunctive relief is more readily available. Analysis of Kurraba Group v Williams [2025] NSWDC 396 and practical implications for reputation claims.
Read Analysis →Fake Google reviews, pseudonymous social media attacks, and anonymous email campaigns can devastate a reputation. This guide explains the legal tools available to unmask anonymous defamers — including preliminary discovery applications, court orders against platforms like Google, and the new section 23A privacy safeguards.
Read Full Guide →The Full Federal Court has overturned orders striking out Al Jazeera's truth defence in a defamation claim arising from a documentary alleging drug trafficking links. The decision endorses the Musa King repetition rule in Australian law and holds that defamation cases must not be treated as a special class attracting exceptions to ordinary procedural rules on discovery and subpoenas.
Read Analysis →A valid concerns notice is the mandatory first step before commencing defamation proceedings. This guide covers the s 12A statutory requirements, key timelines, the offer to make amends process, and the common drafting errors that get claims dismissed — including the WA Court of Appeal's March 2026 confirmation that the requirement is substantive, not procedural.
Read Full Guide →The Federal Court awarded $300,000 in damages — including $50,000 in aggravated damages — for a sustained campaign of defamatory online articles targeting the Archbishop of the Greek Orthodox Church in Australia. The decision examines serious harm in community-language media, the grapevine effect, and why a single phone call will not save a qualified privilege defence.
Read Analysis →From malicious references to false allegations in workplace investigations, defamatory statements at work can destroy careers. A practitioner's guide to performance reviews, employer liability, qualified privilege, and your legal options.
Read Full Guide →The Federal Court awarded $15,000 in damages and indemnity costs for defamatory Facebook posts alleging criminal conduct against a volunteer in a drag racing community. The decision examines damages mitigation where a co-publisher has already been ordered to pay $75,000.
Read Analysis →From concerns notices to contested trials, a practitioner's breakdown of the real costs at every stage of defamation litigation — including solicitor fees, barrister rates, court filing fees, and strategies to keep costs proportionate.
Read Full Guide →Since 11 September 2024, Victoria's Stage 2 reforms have created a statutory pathway to force faster action by platforms when a properly framed complaint lands in their inbox. This guide explains the 7-day takedown mechanism, evidence capture, and what to do if a platform ignores you.
Read Full Guide →Bruce Lehrmann has filed an application for special leave to appeal to the High Court, challenging the Full Court's dismissal of his appeal from Justice Lee's justification finding. The application raises procedural fairness and independent research grounds with implications for all large media defamation trials.
Read Analysis →In this landmark Federal Court decision, Owens J examined how the serious harm threshold operates where multiple publications contribute to reputational damage. The Court's treatment of the Dingle principle has significant implications for defendants seeking to deflect liability.
Read Full Analysis →The Full Federal Court dismissed Bruce Lehrmann's appeal, upholding Justice Lee's finding that the truth defence was made out. Lehrmann has since filed for High Court special leave.
Read Analysis →Justice Abraham found that Nine's investigative journalism into surgeon Dr Munjed Al Muderis was protected by both the contextual truth and public interest defences — a landmark application of the Stage 2 reforms.
Read Analysis →The statutory cap on non-economic loss in defamation proceedings has been indexed to $500,000, reflecting the ongoing adjustment under section 35 of the Defamation Act 2005.
Read Update →