Defamation Law: National Reforms and Damages Update
Gain practical insights on the new defamation laws commencing in NSW, Victoria, Queensland and South Australia on 1 July. Our panel of experts will provide a comprehensive update on the changes and their impact. They’ll also demystify the implications of the second wave of reforms related to online defamation. Finally, explore key issues, trends and outcomes in defamation damages awards. Don’t miss this review of the transforming defamation law landscape and what it means for your practice. WEB218N09
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Jennifer Shaw, Partner, Bartier Perry
9.00am to 9.05am Opening Comments by the Chair
9.05am to 10.05am Changes to the Uniform Defamation Law
- The serious harm threshold test
- Change to the ‘cap’ on damages
- Mandatory concerns notice
- Changes to the statutory defences
- Change to the limitation period
- Introduction of the single publication rule
- Change to the ‘employee’ test
- Upcoming second round amendments
Presented by Alex Nelson, Barrister, Sir Harry Gibbs Chambers; Nationally Accredited Mediator
10.05am to 11.05am Stage 2 of the Defamation Reforms: What You Need to Know & How to Prepare
- Online defamation: the state of play
- International comparisons and review processes
- Options being considered
- Practical implications of likely reform
Presented by Sophie Dawson, Partner, Bird & Bird; Best Lawyers 2022, Defamation and Media Law, Litigation Law, Privacy and Data Security Law, Telecommunications Law; Leading Technology, Media & Telecommunications Lawyer, Doyle’s Guide 2021 and Joel Parsons, Associate, Bird & Bird; Intellectual Property & TMT Rising Star, Doyle’s Guide 2019
11.05am to 11.15am Morning Tea
11.15am to 12.00pm Trends and Issues in Damages Awards
- Key issues in defamation damages
- Emerging trends in damages awards in various classes of defamation case
- Possible impact of reforms on future damages awards
- Advising your clients on potential awards
Presented by Toby Mullen, Barrister, Chancery Chambers
12.00pm to 12.10pm Closing Comments by the Chair
Presenters
Jennifer Shaw, Partner, Bartier Perry
Jennifer has over 20 years of experience in the legal profession. Jennifer acts and advises in relation to disputes across a broad range of industries including professional negligence, contract disputes, construction disputes, intellectual property disputes, family provision/estate disputes, debt recovery, winding up and bankruptcy. She is a panel member of the Law Society’s Professional Conduct Advisory Panel and she acts for and advises solicitors who are subject to disciplinary complaints, show cause events, suspensions and related proceedings. She has also acted for and advised peak professional bodies in relation to the prosecution of disciplinary matters before specialist Tribunals in NSW and the ACT.
Alex Nelson, Barrister, Sir Harry Gibbs Chambers
Alex has more than 20 years of experience in the law. He was called to the bar in 2010 and has enjoyed great success in commercial litigation, criminal law and defamation. Highlights of his career to date include obtaining an acquittal in a murder trial, appearing in a complex fraud trial that lasted three months and appearing in defamation claims involving a former Prime Minister, Google Inc, Facebook, Instagram, Bauer Media and many others. Some of the judgments that he has obtained are regularly cited in defamation litigation.
Sophie Dawson, Partner, Bird & Bird
Sophie has over 22 years’ experience. She specialises in media and technology advice and disputes, including data protection and publication laws. She advises on a wide range of contentious and advisory matters within the media and technology sector. Sophie acts on a wide range of disputes work within the media, telecommunications and information technology sectors. Her particular areas of expertise are media and technology-related advice and disputes; privacy (including in relation to digital health); surveillance; and communication laws. Her work includes acting for clients in relation to cyber-security on a variety of data breaches.
Joel Parsons, Associate, Bird & Bird
Joel is a media, entertainment and technology lawyer. He supports clients in advisory and litigation matters. He works across core areas of law affecting media businesses such as defamation, copyright, advertising, and restrictions on publication. Joel previously worked in media production and content creation, givig him a practical understanding of the unique challenges content creators face. He has assisted a number of significant tech-focused organisations and multinationals with broadcasting, telecommunications regulation, privacy, spam and data security issues. Joel also assists with contentious issues in the media and technology sectors and has expertise in resolving disputes in general commercial contracting, insolvency and corporate areas.
Toby Mullen, Barrister, Chancery Chambers
Toby has a broad commercial and civil practise, with particular experience in commercial disputes, including contractual, equitable, building and construction, Australian Consumer Law, banking, partnership, sale of land and corporations related matters. Toby also has extensive defamation experience, regularly advising and appearing for both plaintiffs and defendants in defamation and related actions. Toby regularly appears in interlocutory applications, trials (including jury trials in defamation actions), final hearings and appeals, most regularly in the Supreme Court of Victoria but also in the County Court, the Court of Appeal, the Federal Court, the Supreme Court of NSW, VCAT, and in private mediations and arbitrations.