Should I put it in a letter?Authors: Timothy Price
The Supreme Court of Victoria has recently considered whether a defamatory letter sent by a solicitor to a third party during the course of litigation was absolutely privileged. Justice Beach considered that the letter was published on an occasion properly incidental to judicial proceedings and necessary for them. Accordingly, the defence of absolute privilege was applied to the solicitor’s letter.
Significant cases, legislation or articles referred to
- Cunliffe v Woods  VSC 254
- Defamation Act (VIC) 2005
- Taylor v Director of the Serious Fraud Office & Ors  UK HL39
- Szanto v Melville  VSC 574