Defamation claim intake checklist (AU)
Defamation matters are tightly regulated by the uniform Defamation Acts and a short limitation window. This checklist helps lawyers take a complete intake within the 12-month period.
This is a 12-step intake checklist for an Australian defamation claim under the uniform Defamation Acts. It covers publication, imputations, serious harm, and concerns notices.
The checklist
Identify the publication
Identify every matter published — post, article, broadcast, or communication.
Confirm identification
Confirm the plaintiff is identified or identifiable from the matter.
Draft imputations
Draft the imputations the publication is said to convey.
Assess serious harm
Assess whether the publication has caused or is likely to cause serious harm.
Check limitation period
Check the 12-month limitation period from first publication and any extensions.
Identify publishers
Identify every potential publisher including authors, platforms, and re-posters.
Preserve the publication
Preserve screenshots, URLs, and metadata before takedown.
Scope damage
Scope damage to reputation, business loss, and hurt to feelings.
Review defences
Review likely defences — truth, contextual truth, honest opinion, public interest, qualified privilege.
Prepare concerns notice
Prepare a concerns notice meeting the statutory content requirements.
Consider offers to make amends
Consider likely offers to make amends and timing of any response.
Advise on costs and forum
Advise on the costs risk and the appropriate court, including jurisdictional limits.
When this checklist applies
Use at first intake when a client wants to sue for defamation or has received a concerns notice.
Common pitfalls
- Publication not preserved before takedown
- Concerns notice missing statutory particulars
- Limitation period running while client delays
- Serious harm threshold not assessed early
- Overlooking platform publishers who may have takedown obligations
Run this checklist on a real matter
Quillio can draft imputations, summarise defences, and assemble a serious harm matrix. See /practice-areas/litigation or start a free trial.
General Australian defamation guidance. Uniform Acts have state-specific numbering and minor variations — verify with the applicable state Act.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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