Received a Defamation Concerns Notice? Get Legal Advice Before You Respond.

Under the uniform Defamation Acts, a valid concerns notice must specify the matter complained of and its location, identify the imputations the plaintiff says are conveyed, state how those imputations are alleged to be false and the nature of the serious harm (or serious financial loss for corporations), and invite the recipient to make an offer to make amends. If the concerns notice does not include all required elements, it may not be valid — and a plaintiff who commences proceedings before serving a valid concerns notice may be penalised in costs. A lawyer can review any notice you receive and advise on its validity and how to respond.

After receiving a valid concerns notice, you have 28 days to make an offer to make amends. This period is significant because making a timely, reasonable offer creates a complete defence to the defamation claim if the offer is unreasonably rejected by the plaintiff. If you do not make an offer within the 28-day period, you lose the ability to use a rejected offer as a complete defence, though you retain the right to make a late offer that may still be relevant to costs. Acting within the 28-day window with proper legal advice gives you the strongest tactical position.

An offer to make amends is a formal offer to remedy the defamatory publication. It may include publication of a correction or retraction, an apology, removal of the content from all accessible locations, and payment of compensation and the plaintiff's reasonable costs. The offer must be genuine and must reasonably address the harm identified in the concerns notice. A properly structured offer that is unreasonably rejected by the plaintiff operates as a complete defence. A poorly structured offer — one that is inadequate or that makes unnecessary admissions — can worsen your position. A lawyer can draft an offer that protects your interests.

Ignoring a concerns notice does not make it go away. After the 28-day period expires without an offer to make amends, the plaintiff is free to commence court proceedings. You will have lost the advantage of the offer to make amends defence and will need to rely on other defences such as truth or honest opinion. Courts also look unfavourably on defendants who did not engage with the pre-litigation process, and this can affect costs orders. Even if you intend to vigorously defend a claim, engaging with the concerns notice process through a lawyer from the outset is the strategically sound approach.

Most defamation matters resolve before trial through negotiation. Options for pre-litigation resolution include an offer to make amends, direct negotiation between lawyers, and mediation. Removing the content, publishing an agreed correction, and making a modest payment can resolve many claims quickly and cost-effectively compared to litigation. Courts in Australia also actively encourage early settlement — some jurisdictions have mandatory mediation for defamation matters before trial. A lawyer experienced in defamation disputes can assess the realistic resolution range and negotiate on your behalf to achieve the most favourable outcome.

You should obtain legal advice as soon as possible after receiving any letter or notice alleging defamation — ideally within the first day or two. The 28-day concerns notice period is short when you consider the time needed to review the matter, assess defences, gather evidence, and prepare a proper response. Acting early also gives you maximum flexibility — including the ability to remove content proactively, make a timely offer, or obtain an extension of time from the plaintiff if needed. Waiting until the deadline is near significantly limits your options and can increase costs.