New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.37

Defence of qualified privilege

14.37 Defence of qualified privilege

(cf SCR Part 67, rule 16; DCR Part 49, rule 15)

(1) This rule applies--
(a) to a defence under Division 4 of Part 3 of the Defamation Act 1974 or section 30 of the Defamation Act 2005 , and
(b) to any other defence of qualified privilege other than any of the following--
(i) a defence under Division 5, 6 or 7 of Part 3 of the Defamation Act 1974 ,
(ii) a defence under section 28, 29, 29A, 30A or 31 of the Defamation Act 2005 ,
(iii) the defence of fair comment at common law.
(2) A defence to which this rule applies is sufficiently pleaded if it alleges that the matter complained of was published under qualified privilege.



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