Defamation
Does the statement about you meet the serious harm threshold?
Australian defamation law requires that a publication cause — or be likely to cause — serious harm to your reputation before a claim can proceed. Since the 2021 reforms, this threshold is a formal legal element that must be assessed early. Get connected with a defamation lawyer who can evaluate your situation and tell you where you stand.
⚠ Defamation claims must generally be brought within 1 year of publication — delay can cost you your legal rights — submit your request now.
Does This Sound Like You?
Common situations we help with.
Published statement caused real reputational damage in your community
A false statement about you was published — online or offline — and people in your community, profession, or social circle have seen it and changed how they treat you. This pattern of observable changed behaviour is exactly the type of evidence courts consider when assessing whether serious harm to reputation has occurred.
False allegation spread online harming your professional standing
A false allegation — about your professional conduct, personal character, or past behaviour — has been published online and is now appearing in search results or circulating among colleagues and clients. The reach and persistence of online content is a significant factor in establishing serious harm under the post-2021 test.
Media article caused clients or customers to distance themselves from you
Following a false media publication, clients or customers have cancelled appointments, ended contracts, or explicitly cited the article as their reason for withdrawing. This direct financial and reputational fallout is strong evidence of serious harm and may substantially strengthen a defamation claim.
Employer received false allegations about you impacting your career
False statements have been communicated to your employer — alleging misconduct, criminal behaviour, or professional failures — resulting in disciplinary action, demotion, performance management, or termination. The employment consequences of a false allegation can constitute serious harm even where no money has yet been lost.
Defamatory content cost you a business deal or contract
A publication — whether a review, post, or media article — directly caused a prospective or existing business partner to withdraw from a deal or terminate a contract. Documented financial loss of this kind is among the clearest evidence of serious harm and provides a concrete foundation for a defamation damages assessment.
Repeated false statements by one person causing cumulative harm
One person has made multiple false statements about you over a period of time — across social media posts, messages, or public comments. While each individual statement may seem minor, courts can consider the cumulative effect of a pattern of publications on your reputation when determining whether the serious harm threshold is met.
How It Works
One request. A clear answer on your defamation threshold.
Describing what was published, where, and the impact it has had takes minutes. A defamation lawyer will then assess whether the serious harm test is met and explain your realistic options — before you commit to anything.
Submit Your RequestSubmit your request
Describe the publication, its content, where it appeared, and the impact it has had on your reputation, career, or business. Include dates and any evidence of harm.
Threshold assessed by a specialist
A defamation lawyer reviews your matter to assess whether the serious harm test is met, what evidence is available, and which legal avenue — concerns notice, negotiation, or court — is appropriate.
Free consultation arranged
The lawyer contacts you to explain their assessment, the strength of your position, and what the next steps would look like — at no upfront cost.
1 Year
Strict limitation period for defamation claims — time runs from the date of first publication, not when you became aware
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
2021
Year the serious harm threshold was formally introduced into Australian defamation law — a specialist lawyer understands how it applies to your facts
Before You Claim
Practical questions about the serious harm threshold.
What is the serious harm test and when was it introduced? +
The serious harm test is a formal legal element that a plaintiff must satisfy before a defamation claim can proceed. It was introduced in Australia as part of the Stage 1 amendments to the uniform Defamation Acts, which took effect in New South Wales, Victoria, Queensland, and South Australia from July–September 2021. For individuals, the test requires proof that the defamatory matter has caused, or is likely to cause, serious harm to the plaintiff's reputation. For corporations that are eligible to sue (excluded corporations with fewer than 10 employees), the test requires serious financial loss. The test must be met at the time proceedings are commenced and can be challenged by the defendant at an early stage of litigation.
How do courts measure serious harm — financial loss, reputational damage, or distress? +
Courts assess serious harm by looking at the totality of the circumstances, including the nature and content of the publication, its reach and audience, the identity and standing of the plaintiff in the relevant community, and evidence of actual consequences. Financial loss is strong evidence but not a requirement for individuals — reputational harm, professional damage, and observable changed behaviour in the community can all support the test. Distress alone is unlikely to be sufficient; there must be some objective evidence that the plaintiff's standing in the eyes of right-thinking members of the community has been or will be lowered. Early evidence gathering is therefore critical.
What evidence is needed to establish serious harm? +
Useful evidence includes: the publication itself (screenshot, URL, or copy); metadata showing reach — views, shares, comments, or circulation figures; witness statements from people who saw the publication and changed their behaviour toward you; documentary evidence of financial loss such as cancelled contracts, reduced income, or lost business opportunities; correspondence from employers, clients, or professional bodies referencing the publication; and any record of attempts to have the content removed. A lawyer can advise on what evidence is most important to gather, how to preserve it, and what can be obtained through legal processes such as preliminary discovery.
Are there situations where harm is real but may not meet the legal threshold? +
Yes. A publication may be genuinely harmful and upsetting without crossing the serious harm threshold as the courts have interpreted it. This is most likely where the publication had a very limited audience, the plaintiff's reputation was already significantly diminished, the content was understood to be opinion rather than fact, or the harm was mainly emotional rather than reputational. In these situations a defamation claim may not be the most effective legal avenue, and a lawyer might advise on alternative approaches such as a complaint under consumer law (for misleading content), an online safety complaint under the Online Safety Act 2021, or an application for removal directly to the platform.
What is the difference between the serious harm threshold and quantum of damages? +
The serious harm threshold is a gateway requirement — it determines whether a claim can proceed at all. Quantum of damages is a separate question asked later in the proceedings: how much compensation should be awarded if the claim succeeds? It is entirely possible for a plaintiff to satisfy the serious harm threshold (sufficient to proceed with the claim) but to recover only modest damages if the actual harm, while serious, was not catastrophic. Conversely, the threshold assessment can itself generate evidence used later in quantifying damages. A lawyer will advise on both the threshold prospects and the likely damages range as part of an initial assessment.
Why should I get a legal assessment before investing in a defamation claim? +
Defamation litigation can be expensive and time-consuming. A preliminary legal assessment allows you to understand whether the serious harm threshold is likely to be met on the available evidence, whether the defendant has a strong defence (truth being the most complete), what the realistic damages range might be, and whether non-litigious alternatives — a concerns notice, negotiated removal, or platform complaint — are likely to be faster and cheaper. Investing a small amount in early legal advice before committing to formal proceedings is almost always worthwhile, and most defamation lawyers will provide an initial consultation to give you a frank view of your prospects.
Have a question not covered here? Submit your request and a lawyer will be in touch.
Request a Free Consultation