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Snapshot

  • Defamation laws in Australia are becoming increasingly inconsistent between the states and territories, and solicitors should closely consider the applicable and best jurisdiction for their client.
  • With the most recent reforms taking effect in late 2024, continue to ‘watch this space’ and monitor for further legislative reforms and new authorities interpreting the existing reforms.
  • Defamation law is complex and requires expertise; solicitors should not merely dabble in it.

Defamation laws in most Australian state and territory jurisdictions have undergone considerable reform from July 2021 to late 2024, albeit to varying degrees. As this space continues to change it is important that solicitors stay informed of these changes and take steps to ensure they don’t get caught out.

‘Stage 1’ reforms: risk management tips

Solicitors managing defamation claims arising since the ‘Stage 1’ reforms to the Model Defamation Provisions were implemented (for most jurisdictions in Australia, almost four years ago) should:

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