New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.40

14.40 Defence of triviality

(1) This rule applies to--

(a) a defence under section 13 of the Defamation Act 1974 , and

(b) a defence under section 33 of the Defamation Act 2005 .

(2) A defence to which this rule applies is sufficiently pleaded if it alleges that the circumstances of publication of the matter complained of were such that the plaintiff was unlikely to sustain any harm.

Note : This rule applies to the publication of defamatory matter before the commencement of the Defamation Amendment Act 2020 .