New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.33

14.33 Defence of contextual truth

(cf SCR Part 67, rule 15; DCR Part 49, rule 14)

(1) Defence under Defamation Act 1974 Subject to rule 14.31(2), a defence under section 16 of the Defamation Act 1974 is sufficiently pleaded if it--

(a) alleges either--

(i) that the imputation in question related to a matter of public interest, or

(ii) that the imputation in question was published under qualified privilege, and

(b) specifies one or more imputations on which the defendant relies as being contextual to the imputation in question, and

(c) as to the contextual imputations on which the defendant relies--

(i) alleges either that they related to a matter of public interest or that they were published under qualified privilege, and

(ii) alleges that they were matters of substantial truth, and

(d) alleges that, by reason that the contextual imputations on which the defendant relies are matters of substantial truth, the imputation in question did not further injure the reputation of the plaintiff.

(2) Defence under Defamation Act 2005 Subject to rule 14.31(2), a defence under section 26 of the Defamation Act 2005 is sufficiently pleaded if it--

(a) specifies one or more imputations on which the defendant relies as being contextual to the imputation in question, and

(b) alleges each contextual imputation on which the defendant relies was substantially true, and

(c) alleges that the imputation in question did not further harm the reputation of the plaintiff because of the contextual imputations on which the defendant relies.