‘A statement of claim should not serve as a concerns notice’, Gazette of Law & Journalism (online)

  • Michael Douglas

Press/Media: Press / Media

Period13 Apr 2020

Media contributions

1

Media contributions

  • Title‘A statement of claim should not serve as a concerns notice’, Gazette of Law & Journalism (online)
    Degree of recognitionNational
    Media name/outletGazette of Law & Journalism
    Media typeWeb
    Country/TerritoryAustralia
    Date13/04/20
    DescriptionOn April 2, Stephen Murray reported on Mohareb v Booth [2020] NSWCA 49, where it was reaffirmed that a statement of claim can serve in the place of a concerns notice in defamation law.

    That proposition is derived from Zoef v Nationwide News Pty Ltd (2016) 92 NSWLR 570.

    I am unconvinced that a concerns notice may serve as a statement of claim having regard to the text, context and purpose of the Uniform Defamation Acts, and the mischief at which they were directed.

    The proposed amendments to the Uniform Defamation Acts seemingly assume that a concerns notice is a distinct document from a statement of claim. That assumption seems right but is contrary to these cases.
    URLhttps://glj.com.au/a-statement-of-claim-should-not-serve-as-a-concerns-notice/
    PersonsMichael Douglas
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