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Vol 12 No 1 - April 2007

The more things change, the more they stay the same ... or do they?
Kim Gould, Lecturer, Faculty of Law, University of Technology, Sydney

A notorious feature of the pre-uniform NSW defamation law was its s 22 statutory qualified privilege defence . Notwithstanding its promise, judicial interpretation had left the defence with little work to do with the result that few defendants have been able to find comfort in its terms. That defence has now been picked up and extended to all Australian jurisdictions via s 30 and its counterparts in the uniform defamation legislation which commenced operation earlier this year. The question that arises is whether the s 30 defence is doomed to suffer the same fate as its NSW predecessor?

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