New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 15.23

15.23 Particulars in relation to the defence of contextual truth

(1) Defence under section 16 of Defamation Act 1974 Without limiting rule 15.21, the particulars required by rule 15.1 for a defence under section 16 of the Defamation Act 1974 must include particulars of the facts, matters and circumstances on which the defendant relies to establish--

(a) that the imputation in question related to a matter of public interest or was published under qualified privilege, and

(b) that the contextual imputations on which the defendant relies--

(i) related to a matter of public interest or that they were published under qualified privilege, and

(ii) are matters of substantial truth.

(2) Defence under section 26 of Defamation Act 2005 Without limiting rule 15.21, the particulars required by rule 15.1 for a defence of contextual truth under section 26 of the Defamation Act 2005 must include particulars of the facts, matters and circumstances on which the defendant relies to establish that the contextual imputations on which the defendant relies are substantially true.