New South Wales Repealed Acts

This legislation has been repealed.

DEFAMATION AMENDMENT ACT 2002 - SCHEDULE 2

SCHEDULE 2 – Amendment of other Acts

(Section 4)

2.1 - District Court Act 1973 No 9

[1] Section 76A Action to be tried without jury unless jury required in interests of justice

Insert after section 76A (3):

(4) This section does not apply to an action referred to in section 76B.

[2] Section 76B

Insert after section 76A:

76B Defamation actions to be tried by jury unless Court orders otherwise

(1) An action in which there are issues of fact on a claim in respect of defamation is to be tried with a jury.

(2) Despite subsection (1), the Court may order that all or any issue of fact be tried without a jury if:

(a) any prolonged examination of documents or scientific or local investigation is required and cannot conveniently be made with a jury, or

(b) all parties consent to the order.

2.2 - Limitation Act 1969 No 31

[1] Section 14B

Insert after section 14A:

14B Defamation

(1) Except as provided by subsection (2), this section applies to a cause of action based on the publication of defamatory matter that accrues after the commencement of this section.

(2) If:

(a) a cause of action based on the publication of defamatory matter that accrues after the commencement of this section is one of two or more causes of action in proceedings commenced by the plaintiff, and

(b) each cause of action in the proceedings accrues because of the publication of the same, or substantially the same, matter on separate occasions (whether by the same defendant or another defendant), and

(c) one or more of the other causes of action in the proceedings accrued before the commencement of this section,

then this Act as in force immediately before the commencement of this section continues to apply to each cause of action regardless of when it accrues.

(3) An action on a cause of action to which this section applies is not maintainable if brought after the expiration of one year running from the date on which the defamatory matter was published.

[2] Part 3, Division 2A

Insert after Division 2:

Division 2A - Defamation

56A Extension of limitation period by court

(1) Except as provided by subsection (2), this section applies to a cause of action based on the publication of defamatory matter that accrues after the commencement of this section.

(2) If:

(a) a cause of action based on the publication of defamatory matter that accrues after the commencement of this section is one of two or more causes of action in proceedings commenced by the plaintiff, and

(b) each cause of action in the proceedings accrues because of the publication of the same, or substantially the same, matter on separate occasions (whether by the same defendant or another defendant), and

(c) one or more of the other causes of action in the proceedings accrued before the commencement of this section,

then this Act as in force immediately before the commencement of this section continues to apply to each cause of action regardless of when it accrues.

(3) A person claiming to have a cause of action to which this section applies may apply to the court for an order extending the limitation period for the cause of action.

(4) After hearing such of the persons likely to be affected by the application as it sees fit, the court may, if it decides that it is just and reasonable to do so, order that the limitation period for the cause of action be extended for such period as it determines. However, the court cannot extend the period beyond 3 years running from the date on which the defamatory matter concerned was published.

56B Effect of order If a court orders the extension of a limitation period for a cause of action under section 56A, the limitation period is accordingly extended for the purposes of:

(a) an action brought by the applicant in that court on the cause of action that the applicant claims to have, and

(b) section 26 (1) (b) in relation to any associated contribution action brought by the person against whom the cause of action lies.

56C Costs Without affecting any discretion that a court has in relation to costs, a court hearing an action brought as a result of an order under section 56A may reduce the costs otherwise payable to a successful plaintiff, on account of the expense to which the defendant has been put because the action was commenced outside the original limitation period.

56D Prior expiry of limitation period An order for the extension of a limitation period, and an application for such an order, may be made under this Division even though the limitation period has already expired.