New South Wales Consolidated Acts

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DEFAMATION ACT 2005 - SECT 10

No cause of action for defamation of, or against, deceased persons

10 No cause of action for defamation of, or against, deceased persons

(1) A person (including a personal representative of a deceased person) cannot assert, continue or enforce a cause of action for defamation in relation to--
(a) the publication of defamatory matter about a deceased person (whether published before or after his or her death), or
(b) the publication of defamatory matter by a person who has died since publishing the matter.
(2) Subsection (1) does not prevent a court, if it considers it in the interests of justice to do so, from determining the question of costs for proceedings discontinued because of the subsection.



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