Western Australian Current Acts

DEFAMATION ACT 2005 - SECT 17

17 .         Effect of acceptance of offer to make amends

        (1)         If the publisher carries out the terms of an offer to make amends (including payment of any compensation under the offer) that is accepted, the aggrieved person cannot assert, continue or enforce an action for defamation against the publisher in relation to the matter in question even if the offer was limited to any particular defamatory imputations.

        (2)         A court may (but need not) —

            (a)         order the publisher to pay the aggrieved person the expenses reasonably incurred by the aggrieved person as a result of accepting the offer; and

            (b)         order any costs incurred by the aggrieved person that form part of those expenses to be assessed on an indemnity basis.

        (3)         The powers conferred on a court by subsection (2) are exercisable —

            (a)         if the aggrieved person has brought proceedings against the publisher in any court for defamation in relation to the matter in question, by that court in those proceedings; and

            (b)         except as provided in paragraph (a), by the Supreme Court.