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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