State Courts Practice Directions 2021
  • State Courts Practice Directions 2021
  • Part I: INTRODUCTION
  • Part II: GENERAL MATTERS
  • Part III: ORIGINATING PROCESSES AND DOCUMENTS
  • Part IV: CASE MANAGEMENT AND COURT ALTERNATIVE DISPUTE RESOLUTION
  • Part V: “DOCUMENTS-ONLY” PROCEEDINGS
  • Part VI: INJUNCTIONS AND CERTAIN OTHER APPLICATIONS
  • Part VII: REMOTE HEARINGS
  • PART VIII: EVIDENCE – WITNESSES, AFFIDAVITS AND EXHIBITS
  • PART IX: DOCUMENTS AND AUTHORITIES FOR USE IN COURT
  • PART X: JUDGMENTS AND ORDERS
  • PART XI: FURTHER ARGUMENTS
  • PART XII: ELECTRONIC FILING SERVICE
  • PART XIII: ENFORCEMENT MATTERS
  • PART XIV: BILLS OF COSTS FOR ASSESSMENT
  • PART XV: DEFAMATION ACTIONS
  • PART XVI: REFERENCE TO ACTUARIAL TABLES IN PERSONAL INJURY AND DEATH CLAIMS
  • PART XVII: CRIMINAL MATTERS
  • PART XVIII: ELECTRONIC FILING AND SERVICE FOR CRIMINAL PROCEEDINGS
  • PART XIX: PROCEEDINGS BEFORE THE COMMUNITY COURTS AND TRIBUNALS CLUSTER
  • Appendices
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PART XV: DEFAMATION ACTIONS

108. Pre-action protocols for defamation actions

108. Pre-action protocols for defamation actions

(1) Claimants in defamation actions must comply with the pre-action protocol set out in Appendix F before commencing Court proceedings. All parties are required to comply in substance and spirit with the terms of the protocol. A breach by one party will not exempt the other parties in the action from complying with the protocol so far as they are able to do so.

(2) In exercising its discretion as to costs, the Court will consider whether the protocol has been complied with. If non-compliance with the protocol has led to unnecessary costs, the Court may make the following orders:

(a) an order disallowing a defaulting party his costs, or some part of his costs, even if he succeeds in the action;

(b) an order that the defaulting party pay the other party or parties their costs of the proceedings, or part of those costs; and

(c) an order that the defaulting party pay those costs on an indemnity basis.

(3) The Court will consider whether the protocol has been complied with when exercising its discretion in determining the amount of interest payable, and may make the following orders as it thinks fit:

(a) an order awarding a successful party who has complied with the protocol interest from an earlier period; and

(b) an order depriving a successful party who has not complied with the protocol interest in respect of such period as may be specified.

(4) Where there are good reasons for non-compliance with the protocol, the Court will not impose any sanction against the defaulting party.

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Last updated 5 months ago