New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 15.29

15.29 Particulars in relation to defence of innocent dissemination

Without limiting rule 15.21, the particulars required by rule 15.1 for a defence under section 32 of the Defamation Act 2005 must include particulars of the facts, matters and circumstances on which the defendant relies to establish that--

(a) the defendant published the matter complained of merely in the capacity, or as an employee or agent, of a subordinate distributor, and

(b) the defendant neither knew, nor ought reasonably to have known, that the matter was defamatory, and

(c) the defendant's lack of knowledge was not due to any negligence on the part of the defendant.