Last updated: September 2, 2026
Australian Defamation Law: Your Questions Answered
Defamation in Australia is governed by largely uniform state and territory legislation. To sue, you generally need a publication to a third party that identifies you, that is defamatory, and that has caused or is likely to cause serious harm to your reputation. Since the 2021 reforms you must serve a concerns notice on the publisher and wait before commencing proceedings (save for in WA). The limitation period is one year from publication. Most matters resolve without a court hearing, and the earliest steps usually determine the outcome. Call 1300 286 578.
Key Takeaways
- A concerns notice is now a mandatory first step before proceedings can be issued.
- The publisher has 28 days to make a reasonable offer to make amends.
- You must show serious harm to reputation — the 2021 threshold that ended most trivial claims.
- The limitation period is 1 year from publication, extendable to 3 years only where the court is satisfied it was not reasonable to have sued within the year.
- Most companies cannot sue — only “excluded corporations”, broadly those with fewer than 10 employees or not-for-profits.
- Truth is a complete defence. So, in the right circumstances, are honest opinion, public interest and qualified privilege.
What counts as defamation in Australia?
Three things have to line up. There must be a publication to at least one person other than you. It must identify you, whether by name or by being sufficiently particular that people who know you would understand it referred to you. And it must be defamatory — it lowers your reputation in the eyes of ordinary reasonable members of the community. Since 2021 there is a fourth requirement: the publication must have caused, or be likely to cause, serious harm to your reputation. If you believe you have been defamed, our defamation lawyers can assess whether these elements are made out.
What is a concerns notice, and do I have to send one?
Yes. A concerns notice is a written notice to the publisher that sets out the publication complained of and the defamatory imputations you say it conveys. Since the 2021 amendments it is a mandatory precondition to commencing defamation proceedings (except for in WA) — you cannot simply issue a claim.
Once served, the publisher has 28 days to make an offer to make amends. If they make a reasonable offer and you refuse it, that refusal can become a defence. If they make no offer, or an inadequate one, you can proceed. The notice is therefore not a formality — how it is drafted shapes the whole matter.
What is the serious harm threshold?
It is the single biggest change from the 2021 reforms. You must establish that the publication has caused or is likely to cause serious harm to your reputation. For an excluded corporation, serious harm means serious financial loss.
The threshold is determined as a separate question, usually early, and it has ended a large volume of claims over minor publications to small audiences. Practically, it means the question is no longer only “was this defamatory” but “can I prove it actually hurt me, and how badly”.
How long do I have to sue for defamation?
One year from the date of publication. A court can extend that to a maximum of three years, but only if satisfied it was not reasonable in the circumstances for you to have commenced within the one-year period. That is a real hurdle, not a formality.
The single publication rule introduced in 2021 means that for online material the year generally runs from the date the matter was first uploaded, not from each subsequent download.
Can a company sue for defamation?
Usually not. Only an excluded corporation can sue — broadly, a corporation that is not-for-profit, or that employs fewer than 10 people and is not related to another corporation. Larger businesses that have been damaged by a publication generally look to other causes of action, such as injurious falsehood or misleading and deceptive conduct under the Australian Consumer Law.
What are the defences?
- Justification — the imputation is substantially true. A complete defence, and the strongest one.
- Contextual truth — some imputations are true and, in their context, mean the remaining untrue ones cause no further harm.
- Honest opinion — the matter is opinion rather than fact, relates to a matter of public interest, and is based on proper material.
- Public interest — introduced in 2021. The publisher reasonably believed publication was in the public interest. Aimed at responsible journalism.
- Qualified privilege, absolute privilege, publication of public documents, and fair reporting of proceedings of public concern also apply in the right circumstances.
Can I get the post taken down?
Often, and usually faster than through a court. Most online defamation matters we handle end with removal, a correction, or an agreed statement, achieved through a properly drafted concerns notice and negotiation with the publisher or the platform. Injunctions to restrain publication are available but courts are cautious about granting them before trial.
What is it likely to cost?
Defamation is one of the areas where the early steps do the most work and the later steps cost the most money. A well-drafted concerns notice is a fixed, known cost and resolves a significant proportion of matters. A defended trial is at the expensive end. We will tell you at the first conversation whether the serious harm threshold looks satisfiable, because if it does not, the answer is usually not to sue. Speak to our defamation team before taking any step.
Frequently Asked Questions
Do I have to send a concerns notice before suing?
Yes. Since the 2021 reforms it is a mandatory step before proceedings can be commenced.
How long does the publisher have to respond?
28 days from service of the concerns notice to make an offer to make amends.
Is truth a defence to defamation in Australia?
Yes. If the imputation is substantially true, justification is a complete defence.
Can I sue over a Google review?
Potentially, if it identifies you, is defamatory, and meets the serious harm threshold. Many reviews fail the threshold. Removal through the platform is often the faster route.
Can I sue the platform as well as the author?
It depends on the platform’s role and knowledge. This area has moved considerably in recent years and is fact-specific.
What if I don’t know who published it?
Anonymous publication is common online. There are procedural routes to identifying a publisher before commencing proceedings, and preservation of the material matters — screenshot everything with dates and URLs.
Does the one-year period restart each time someone reads it online?
No. Under the single publication rule the period generally runs from first upload.
What damages can I recover?
Damages for non-economic loss are capped by legislation and indexed annually, with the cap able to be exceeded only where aggravated damages are warranted. Economic loss is separately recoverable if proved.
