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Australian Defamation law contains different measures which are intended to encourage parties to a civil action to resolve the dispute without resorting to the costly and prolonged process of litigation.  These include an offer of amends, a settlement offer or an apology.  Defamation Law encourages parties with defamation complaints or proceedings to use other mechanisms designed to encourage settlement.  Some of these options are available and encouraged before litigation commences, such as a concerns notice and offer to make amends.  However, other options remain open even when litigation proceedings have commenced, such as Calderbank or without prejudice offers of settlement.  Being properly advised by a Defamation Lawyer useful when you are involved in a defamation matter in which an apology may be applicable or worthwhile.

An apology can be defined as an acknowledgment of an offence or acknowledgment of a failure to comply with a rule or law.  It may express regret or seek pardon for fault or offence. To amount to a full apology, the apology must counteract the mischief done by the defamatory statement. The apology must be made before the action is commenced or at the earliest opportunity afterwards. This may mean an admission or error or fault, followed by a statement of retraction of the inaccurate or misleading statement which has negative imputations and possibly a rectification of the communication or miscommunication with a statement of the actual state of affairs.  Thorough and detailed legal advice from a Defamation Lawyer can assist you in understanding the complexities and nuances in Defamation Law.

Under previous laws in all Australian jurisdictions, except New South Wales and the Australian Capital Territory (where an offer of amends is a defence) an offer of a "full apology" could be pleaded as a defence where there was no malice or gross negligence. Under the current uniform defamation law, an apology does not amount to an admission of fault or liability and is not admissible as evidence of the fault or liability of the person who made it. It is, however, admissible in mitigation of damages. Except in South Australia, where the defence of apology was available to all media, the defence applied only to publication by newspapers or magazines.  Consultation with a specialised Defamation Lawyer could be greatly advantageous if you are involved in a Defamation matter.

If you need further legal advice on your defamation matter, you may book an appointment with us by telephone on (02) 9233 4048 or by email to info@navado.com.au.  

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