Defamation Lawyers — All States & Territories
Defamation Lawyers — Protect Your Reputation. Stop False Statements. Seek Compensation.
Defamation law in Australia — now governed by the uniform Model Defamation Provisions enacted across all states and territories — protects individuals and (since 2021) small businesses from false statements of fact that damage their reputation. The 2021 reforms introduced the serious harm threshold, a single publication rule, and new defences including the public interest defence. A defamation lawyer advises on whether you have a claim, the most effective way to protect your reputation, and the remedies available.
⚠ Defamation claims must be commenced within 1 year of the date of publication (with limited discretion to extend). Online content is published when first accessed — not when posted. Get defamation advice before the limitation period expires.
Defamation Practice Areas
Reputation protection from every angle — claims, defence, and takedown.
Select the defamation matter that matches your situation. Each page explains the relevant law, the defences available, the remedies, and how a defamation lawyer can help — whether you are seeking to protect your reputation or defending a defamation claim.
Defamation Claims
A defamation claim requires proof that matter was published, that it identified the claimant, and that the matter was defamatory — meaning it carried an imputation that would lower the claimant's reputation in the eyes of ordinary reasonable people. Since the 2021 reforms, the claimant must also establish "serious harm" to their reputation. A defamation lawyer advises on whether the elements are met, issues a concerns notice (a mandatory prerequisite), and pursues the claim to settlement or trial.
Get defamation claim help →Defamation Defence
Defamation defendants have a range of statutory defences — truth (justification), honest opinion, qualified privilege, absolute privilege, and (since 2021) public interest. The defence of truth requires proof that the imputation conveyed by the matter was substantially true. Honest opinion requires that the statement was an expression of opinion (not fact), was based on proper material, and that any person could have held the opinion. A defamation lawyer advises defendants on the available defences, their prospects, and the litigation strategy.
Get defamation defence help →Online & Social Media Defamation
Online defamation — including Google reviews, Facebook posts, Twitter/X, Reddit, and content on review platforms — is among the fastest-growing categories of defamation in Australia. The 2021 reforms introduced a single publication rule to address repeat downloads of online content, but the 1-year limitation period still begins when content is first accessed in Australia. A defamation lawyer advises on sending takedown notices, pursuing platform operators, and commencing proceedings against anonymous online publishers.
Get online defamation help →Business Defamation
Since the 2021 reforms, small businesses (fewer than 10 employees, not a publicly listed company) can bring defamation claims — previously only individuals had this right. Business defamation includes false reviews, competitor false advertising, and malicious statements about business practices. A defamation lawyer advises small businesses on whether their circumstances meet the serious harm threshold, pursues the claim, and also advises on complementary ACL misleading conduct claims that may run alongside the defamation claim.
Get business defamation help →Defamation Demand Letters & Concerns Notices
Before commencing defamation proceedings, the claimant must serve a "concerns notice" on the publisher — identifying the matter, the imputations complained of, and stating that the claimant considers the matter defamatory. The publisher then has 28 days to make an "offer to make amends" — which, if reasonable, may be a complete defence to the defamation claim. A defamation lawyer prepares concerns notices that are legally precise and effective, and responds to concerns notices served on defendants with appropriate offers to make amends.
Get concerns notice help →Serious Harm Assessment
The 2021 Model Defamation Provisions reforms introduced a "serious harm" threshold — a claimant must establish that the publication of the defamatory matter has caused, or is likely to cause, serious harm to their reputation. For a corporation with fewer than 10 employees, "serious harm" means serious financial loss. This threshold was designed to filter out trivial claims. A defamation lawyer advises on whether the serious harm threshold is met in your circumstances — assessing the reach of the publication, the nature of the imputation, and the evidence of reputational impact.
Get serious harm assessment help →Platform & Publisher Defamation Defence
Social media platforms, news publishers, and website operators who host or republish third-party content face increasingly significant defamation exposure. The High Court's decision in Fairfax Media Publications v Voller (2021) 273 CLR 346 held that a Facebook page operator is a "publisher" of comments posted by third parties on their page — even if they did not know of the comments. A defamation lawyer advises media organisations and platform operators on their defamation exposure, the available defences, and content moderation practices that reduce liability.
Get publisher defence help →Defamation Settlement & Mediation
The majority of defamation disputes are resolved before trial — through an offer to make amends, a negotiated settlement, or mediation. A defamation settlement can include a public apology, a correction or retraction, removal of the defamatory content, a payment of damages, and a confidentiality clause. A defamation lawyer advises on the terms of settlement — ensuring the settlement fully protects the claimant's reputation and financial interests, or (for defendants) achieves resolution at the lowest cost with appropriate protections against further publication.
Get defamation settlement help →Why Act Quickly on Defamation
One-year limitation period, serious harm threshold, and the 2021 reforms — know your rights.
The 1-year limitation period — strictly applied
Defamation proceedings must be commenced within 1 year of the date of publication — the date the matter was first published. Courts have very limited discretion to extend this period (only up to 3 years, and only if the claimant was not aware of the publication within the 1-year period and it is not prejudicial to the defendant to extend). For online content, the clock starts when the content is first accessed in Australia — not when it is posted. A defamation lawyer advises on when the limitation period began and whether there is still time to commence proceedings.
The serious harm threshold — a new hurdle for claimants
The 2021 reforms introduced a serious harm element (modelled on the UK Defamation Act 2013 s 1) — a defamation claim cannot succeed unless the claimant establishes that the publication has caused, or is likely to cause, serious harm to their reputation. The courts have not yet settled the full scope of the serious harm requirement in Australia, but a defamation lawyer advises claimants on the evidence needed to establish serious harm (including evidence of the publication's reach, the nature of the imputation, and any concrete reputational impact) and defendants on challenging the threshold.
The Concerns Notice — a mandatory prerequisite
Before commencing defamation proceedings, the potential claimant must serve a "concerns notice" on the publisher (s 12A Model Defamation Provisions). The concerns notice must identify the matter, the imputations complained of, and state that the claimant considers the matter defamatory. The publisher then has 28 days to make an offer to make amends — and if a reasonable offer is made (and accepted or rejected unreasonably), the offer to make amends is a complete defence to the defamation claim. Properly preparing the concerns notice is critical — a defective notice may not trigger the offer to make amends procedure and could affect the right to commence proceedings.
The Voller decision — social media operators as publishers
In Fairfax Media Publications Pty Ltd v Voller (2021) 273 CLR 346, the High Court of Australia held (by 5:2 majority) that a Facebook page operator is a "publisher" of comments posted by third parties on their page — even without knowledge of the comments and even without any opportunity to moderate them before publication. The decision significantly expanded defamation liability for social media operators and businesses that run Facebook pages, websites with comment functionality, and other interactive online platforms. A defamation lawyer advises page operators on the Voller exposure and the steps they can take to reduce liability.
Damages — what can a defamation claimant recover?
Damages in defamation proceedings include: (1) general damages — for hurt to feelings, injury to reputation, and vindication, assessed by the jury (or judge in a judge-alone trial) without a specific cap (though capped at $459,000 in NSW for non-economic loss); (2) aggravated damages — if the defendant's conduct was particularly high-handed or oppressive; and (3) special damages — for specific financial loss caused by the defamation. A defamation lawyer advises on the appropriate quantum of damages based on the reach of the publication, the gravity of the imputation, and the evidence of reputational impact.
The public interest defence — new in 2021
The 2021 reforms introduced a new public interest defence (modelled on s 4 of the UK Defamation Act 2013) — a defendant can rely on this defence if: (1) the matter concerns an issue of public interest; and (2) the defendant reasonably believed that publishing the matter was in the public interest. The defence is designed to protect responsible journalism and public interest reporting. A defamation lawyer advises defendants (particularly media organisations and journalists) on whether the public interest defence is available and the steps needed to establish the reasonable belief in public interest.
How It Works
One request. A free defamation consultation.
Tell us whether you are a claimant (your reputation has been damaged) or a defendant (you have received a concerns notice or been served with proceedings). A defamation lawyer will advise on the strength of the claim or defence, the limitation period, and the most effective strategy.
Submit Your RequestDescribe the defamation issue
Claimant or defendant, nature of the publication (online post, news article, review, workplace communication), date first published, the imputations you are concerned about, and the evidence of impact on your reputation.
Matched to a defamation lawyer
Matched to a defamation lawyer with experience in the relevant jurisdiction (NSW, Victoria, Queensland) and the type of defamation (online, business, personal, media) — a specialist in defamation law, not a generalist.
Free consultation
A defamation lawyer contacts you for a free consultation — advising on the elements of the claim, the available defences, the serious harm threshold, the limitation period, and the most effective strategy for protecting or defending your reputation.