Defamation Concerns Notice & Demand Letter Lawyers — All States
Defamation Concerns Notice Lawyers — Mandatory Before Proceedings. Properly Drafted. Effective.
A concerns notice is a mandatory prerequisite to commencing defamation proceedings in Australia — it must identify the matter complained of, specify the imputations, and formally request a remedy. A properly drafted concerns notice triggers the offer to make amends procedure — and a reasonable offer that is unreasonably rejected is a complete defence to the defamation claim. A defamation lawyer prepares concerns notices that are legally precise and strategically effective.
⚠ Defamation proceedings cannot be commenced without first serving a valid concerns notice. After service, the publisher has 28 days to make an offer to make amends. The 1-year limitation period continues to run. Get concerns notice advice now.
Concerns Notice Law
The concerns notice — the mandatory first step in a defamation claim
Section 12A of the Model Defamation Provisions (as enacted in each state — for example, s 12A of the Defamation Act 2005 (NSW)) provides that a person who is aggrieved by the publication of defamatory matter must not commence defamation proceedings against a publisher unless the person has first given the publisher a "concerns notice" complying with this section. The concerns notice is a mandatory prerequisite — proceedings commenced without a valid concerns notice can be stayed and the claimant required to serve a concerns notice before the proceedings can continue.
A valid concerns notice must: (1) identify the matter complained of — by reference to the URL of the online publication, the date and source of the article, the specific statements complained of, or by enclosing a copy of the matter; (2) specify the imputations that the claimant says are conveyed by the matter — the specific meanings the claimant attributes to the matter; and (3) state that the claimant considers the matter to be defamatory. The concerns notice does not need to set out all the claimant's submissions or legal arguments — but the specificity of the imputations identified is critical, as these will define the scope of the subsequent proceedings.
After the concerns notice is served, the publisher has 28 days to make an offer to make amends. A reasonable offer to make amends (which may include a correction, apology, removal of content, and compensation) that is unreasonably refused by the claimant is a complete defence to the defamation claim — regardless of the merits of the underlying claim. The offer to make amends procedure is designed to encourage early resolution of defamation disputes without litigation.
The concerns notice procedure must be carefully managed in the context of the 1-year limitation period — which continues to run from the date of publication while the concerns notice procedure is underway. If the concerns notice is served close to the expiry of the 1-year period, the claimant may need to commence proceedings immediately after the 28-day response period expires (without waiting for further negotiations).
Concerns Notice Matters
Defamation concerns notice and demand letter matters we handle
Concerns notice drafting
Preparing a legally precise concerns notice — identifying the defamatory matter, specifying the imputations with the precision required for subsequent proceedings, and serving the notice correctly.
Offer to make amends response
Advising claimants on whether a publisher's offer to make amends is "reasonable" — including the apology, correction, reach of the apology, and amount of compensation offered — and the consequences of accepting or rejecting the offer.
Offer to make amends preparation
Advising defendants on preparing an offer to make amends — including the wording of any apology or correction, the appropriate amount of compensation, and the terms of any retraction or content removal.
Concerns notice response (defendants)
Advising defendants who have received a concerns notice — assessing the strength of the available defences, preparing a response, and deciding whether to make an offer to make amends or to defend the claim.
Limitation period management
Managing the concerns notice procedure in the context of the 1-year limitation period — including timing the concerns notice to preserve sufficient time to commence proceedings before the limitation period expires.
Multiple publisher concerns notices
Preparing and serving concerns notices on multiple publishers — including original publishers, those who shared or republished the matter, and platform operators in appropriate circumstances.
Frequently Asked Questions
Defamation concerns notice questions answered
What must a concerns notice contain?
Under s 12A of the Model Defamation Provisions: (1) identify the matter complained of (URL, date, source, or copy); (2) specify the imputations the claimant says the matter conveys; and (3) state that the claimant considers the matter defamatory. The imputations must be specified with sufficient precision to allow the publisher to assess the claim and formulate an offer to make amends. A defective concerns notice that fails to specify the imputations may be invalid and will not trigger the offer to make amends procedure.
What is a 'reasonable' offer to make amends?
Reasonableness depends on all the circumstances — the gravity of the imputation, the reach of the publication, the prominence of any correction or apology offered relative to the original publication, and the amount of compensation offered. A correction buried on page 10 is unlikely to be reasonable for a front-page story. If the claimant rejects a reasonable offer, the defendant can rely on it as a complete defence under s 18 Defamation Act 2005 (NSW) even if the court finds the matter was defamatory.
Can I serve a concerns notice on a social media platform rather than the individual poster?
Yes — and after Voller, the platform may be a "publisher" of third-party content on pages it administers. In practice, a concerns notice on a platform is more likely to result in content removal than an apology or compensation. A defamation lawyer advises on whether to serve the notice on the platform, the individual poster (once identified through preliminary discovery), or both.