Australian defamation law resources

Sources of Australian defamation law

Australian defamation law is a product of both statute law (legislation) and common law (decisions of judges). It also encompasses the procedural rules of the courts that apply Australian defamation law; and the Commonwealth Constitution, which has influenced the development of the common law.

The following statutes are sometimes called the ‘Defamation Acts’ (previously, the Uniform Defamation Acts), and have a significant impact on Australian defamation law:

• Civil Law (Wrongs) Act 2002 (ACT) ch 9
• Defamation Act 2005 (NSW)
• Defamation Act 2005 (Qld)
• Defamation Act 2005 (SA)
• Defamation Act 2005 (Tas)
• Defamation Act 2005 (Vic)
• Defamation Act 2005 (WA)
• Defamation Act 2006 (NT)

You can find this legislation on AustLII and on the legislation website of each state and territory (search ‘legislation AND [your State or Territory]’). For more detail on what these Acts are about, see the website of the Judicial Commission of NSW.

While these Defamation Acts are significant, Australian defamation law cannot be understood without considering the common law. The ability to sue for defamation, which is called ‘the cause of action’, is a creature of common law, as modified by certain provisions of the Defamation Acts.

You can find Australian case law (ie, common law) for free by searching:

• AustLII;
• Jade; or
• the websites of each Australian court (look for webpages described as ‘decisions’ or ‘judgments’).

You can learn about searching for case law on the websites of Australian law schools.

Who can sue for defamation?

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Who can be sued for defamation?

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Defences to defamation

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Getting help from a lawyer

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