Defamation Law FAQ
Answers to the most common questions about defamation law in Australia.
What is defamation under Australian law?▼
Defamation occurs when someone publishes material that lowers another person's reputation in the eyes of ordinary, reasonable members of the community. Under the Uniform Defamation Laws (Defamation Act 2005), the publication must identify the plaintiff and convey one or more defamatory imputations. This includes online posts, Google reviews, news articles, social media comments, and even private messages sent to third parties. Only individuals, not-for-profit organisations, and small businesses (fewer than 10 employees) can sue for defamation.
What is the time limit for filing a defamation claim?▼
The limitation period is one year from the date of publication. For online publications, the Stage 2 reforms introduced a single publication rule — the clock generally starts from the date of first publication. Courts have very limited discretion to extend this period. This makes early legal advice absolutely critical — delay can mean losing your right to claim entirely.
Can I sue over a false Google review?▼
Yes. False Google reviews that damage your reputation can constitute actionable defamation. We can pursue formal takedown requests to Google, Federal Court applications for preliminary discovery to identify anonymous reviewers, injunctive relief to compel removal, and damages claims against the reviewer once identified. Cases like Kabbabe v Google LLC have established that Australian courts will order Google to disclose reviewer identities.
What defences are available?▼
The principal defences include: substantial truth (imputations are substantially true), honest opinion (genuinely held opinion based on proper material), qualified privilege (duty or interest to communicate), absolute privilege (parliamentary and judicial proceedings), innocent dissemination (for internet intermediaries), and the new public interest defence for responsible journalism on matters of public interest.
What damages can I recover?▼
Damages include: general (compensatory) damages for harm to reputation (subject to a statutory cap indexed annually), special damages for quantifiable financial losses, and aggravated damages where the defendant's conduct has been particularly malicious. Courts can also order injunctions, corrections, and formal apologies. In serious cases, total damages can be substantial — as demonstrated by the $170,000 dentist review verdict.
Can anonymous online defamers be identified?▼
Absolutely. The Federal Court has the power to order platforms like Google, Facebook, X, Reddit, and others to disclose real identities of anonymous users who published defamatory material. This is done through preliminary discovery applications or Norwich Pharmacal orders. We have significant experience in these applications, including obtaining successful unmasking orders against Google LLC.
Do I need to send a concerns notice before suing?▼
Yes — this is mandatory. Under the Defamation Act 2005, a plaintiff must give a concerns notice to the publisher before commencing proceedings. The notice must specify the defamatory matter, the imputations, and the serious harm caused. The publisher has 28 days to respond. Failure to comply with concerns notice requirements can delay or prevent your claim from proceeding.
What is the "serious harm" threshold?▼
Introduced by the 2021 Stage 2 reforms, this requires a plaintiff to establish that the publication has caused, or is likely to cause, serious harm to their reputation. For corporations, this extends to "serious financial loss." This threshold filters out trivial claims and ensures court resources are directed toward genuinely harmful defamation.
What about interstate or international defamation?▼
The Uniform Defamation Laws apply across all Australian states and territories. For international publications accessible in Australia, courts may exercise jurisdiction if the publication was accessed by Australian readers. Cross-border enforcement presents complexities, particularly with publishers in jurisdictions with speech protections incompatible with Australian defamation law.
How much does a defamation case cost?▼
Costs vary significantly. A concerns notice and pre-litigation negotiation may cost several thousand dollars for straightforward matters. Federal Court proceedings are more substantial, though many cases settle before trial. We provide transparent cost estimates at the outset and regular updates throughout. Our initial assessment is completely free — we'll give you a realistic picture of likely costs and outcomes for your specific situation.
