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Defamation and qualified privilege

The New South Wales Court of Appeal, in Aktas v Westpac Banking Corporation Limited (2009), has recently considered whether the defence of common law qualified privilege is available in circumstances where the matter complained of is published by mistake. The Court of Appeal considered that the defence is available in such circumstances. The judgment deals with some of the principles relevant to one of the most commonly used defences in defamation actions’ the defence of qualified privilege. The case concerns breach of contract, negligence and defamation. This article deals only with the issues arising from the defamation action.

An edited version of this article was published in AILA News for June 2009.

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