New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 15.22

Particulars in relation to defence of justification

15.22 Particulars in relation to defence of justification

(1) Defence under section 15 of Defamation Act 1974 Without limiting rule 15.21, the particulars required by rule 15.1 for a defence under section 15(2) of the Defamation Act 1974 must (unless the court orders otherwise) include particulars of the facts, matters and circumstances on which the defendant relies to establish--
(a) that the imputation in question was a matter of substantial truth, and
(b) either--
(i) that the imputation in question related to a matter of public interest, or
(ii) that the imputation in question was published under qualified privilege.
Note : The defence of justification under section 15(2) of the Defamation Act 1974 applies to the exclusion of the common law defence of justification. See section 15(1) of the Defamation Act 1974 .
(2) Defences under section 25 of Defamation Act 2005 and at common law Without limiting rule 15.21, the particulars required by rule 15.1 for a defence of justification under section 25 of the Defamation Act 2005 or at common law must (unless the court orders otherwise) include particulars of the facts, matters and circumstances on which the defendant relies to establish that the imputation in question was substantially true.
Note : The defence of justification under section 25 of the Defamation Act 2005 is in addition to, and does not vitiate, limit or abrogate, the common law defence of justification. See section 24(1) of the Defamation Act 2005 .



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