DEFAMATION ACT 2005 - SECT 22 Roles of judicial officers and juries in defamation proceedings

DEFAMATION ACT 2005 - SECT 22

    (1)     This section applies to defamation proceedings that are tried by jury.

    (2)     The jury is to determine whether the defendant has published defamatory matter about the plaintiff and, if so, whether any defence raised by the defendant has been established.

    (3)     If the jury finds that the defendant has published defamatory matter about the plaintiff and that no defence has been established, the judicial officer and not the jury is to determine the amount of damages (if any) that should be awarded to the plaintiff and all unresolved issues of fact and law relating to the determination of that amount.

    (4)     If the proceedings relate to more than one cause of action for defamation, the jury must give a single verdict in relation to all causes of action on which the plaintiff relies unless the judicial officer orders otherwise.

    (5)     Nothing in this section—

        (a)     affects any law or practice relating to special verdicts; or

S. 22(5)(b) amended by No. 35/2020 s. 28(1).

        (b)     requires or permits a jury to determine any issue that, at general law, is an issue to be determined by the judicial officer; or

S. 22(5)(c) inserted by No. 35/2020 s. 28(2).

        (c)     requires or permits a jury to determine any issue that another provision of this Act requires a judicial officer to determine.

S. 23 substituted by No. 35/2020 s. 29.

        23         Leave required for multiple proceedings in relation to publication of same defamatory matter

    (1)     This section applies to a person who has brought a defamation proceeding for damages, whether in this jurisdiction or elsewhere, against a person (a previous defendant ) in relation to the publication of a matter.

    (2)     The person may not bring a further defamation proceeding for damages against a previous defendant or an associate of a previous defendant in relation to the same or any other publication of the same or like matter, except with the leave of the court in which the further proceeding is to be brought.

    (3)     A person is an associate of a previous defendant if, at the time of the publication to which the previous defamation proceeding related, the person was—

        (a)     an employee of the defendant; or

        (b)     a person publishing matter as a contractor of the defendant; or

        (c)     an associated entity of the defendant (or an employee or contractor of the associated entity).

Division 2—Defences