‘The stakes are increasing’ in defamation law
In the wake of looming law reform in defamation, and given that it is “becoming harder and harder” to successfully sue for defamation, managing client expectations from the outset of proceedings is going to be especially pertinent for practitioners.
On this episode of The Lawyers Weekly Show, host Jerome Doraisamy is joined by Bartier Perry partner Adam Cutri and associate David de Mestre to discuss the state of affairs in defamation law in Australia, lessons coming out of recent high-profile proceedings, where we’re at with the Stage 2 reforms, clarifications around the meaning of “serious harm”, and limitations on the amounts of non-economic loss.
Mr Cutri and Mr de Mestre also delve into the proactive and reactive measures that are looming that lawyers in this space will have to be across, how lawyers on the ground feel about the reforms as they presently stand, the headline issues and challenges that defamation lawyers will have to contend with in the coming 12 months, emerging trends from high-profile cases to be across, shifts in the reasoning for bringing defamation proceedings, and best practice moving forward.
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