LAWS3428 Distinction Notes for Final Exam - Comprehensive and Detailed

Description

These notes are comprehensive and cover the entire unit as taught in Semester 1, are written with consideration of incoming amendments to the Defamation Act, such as the introduction of a seriousness threshold. These notes cover: - Preliminary - Reputation, Free Speech and Associated Actions - Context to the Tort of Defamation - The Tort of Defamation -- Scaffold -- Standing -- Jurisdictional considerations -- The place of the judge and jury -- The imputation -- Defamatory material - whether conveyed and the standard for it being defamatory -- Identification -- Publication -- Completion of the Tort - Defences to Defamation -- Justification -- Absolute Privilege -- Qualified Privilege -- Fair Comment and Honest Opinion -- Other Defences including Offers of Amend, Triviality, Innocent Dissemination - Remedies for Defamation -- Damages -- Injunctions - Privacy and Breach of Confidence -- Privacy at Law -- Direct Protection -- Indirect Protection - giving particular focus to breach of confidence Defamation is a difficult topic, and so these notes are phrased to ensure that difficult concepts are clearly explained. Frequent examples are used to illustrate concepts. They are structured to help you identify uncertain areas of law, and are scaffolded so you can follow through the notes in applying the law. The notes also go well beyond lectures, including analysis covered in the readings but not discussed in the lectures. The notes are brought together by a scaffold of the tort of defamation - all elements and defences. They go into substantial detail regarding the latter half of the course on legal protections for privacy.