Is defamation the 'Galapagos Islands Division' of the Australian law of torts?

Hemming, Andrew (2009) Is defamation the 'Galapagos Islands Division' of the Australian law of torts? University of Notre Dame Australia Law Review , 11. pp. 84-101. ISSN 1441-9769

Abstract

The theme of this article is whether in 2009 the tort of defamation can be accurately described as exhibiting in substantive form a species of tortious exotica in a postnational uniform defamation laws legal environment. The article examines this question through the prism of three recent defamation cases that went to the High Court and through an analysis of the new uniform defamation legislation itself which preserves much of the previous common law. In light of the newly minted legislation and the lack of Australian cases on the important offer of amends procedure, attention is given to the recent case law experience in England under a similar offer of amends procedure. The article concludes that conjuring up images of giant turtles and arcane procedures in relation to defamation is to indulge in hyperbole and gives insufficient credit to the landmark uniform defamation laws.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Author version not held.
Depositing User: Mr Andrew Hemming
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 25 Feb 2011 07:34
Last Modified: 26 Sep 2014 01:45
Uncontrolled Keywords: defamation; Channel Seven Adelaide Pty Ltd v Manock
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180126 Tort Law
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
Socio-Economic Objective (SEO2008): E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/18450

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