In 2021, one of the most significant changes to Australian defamation legislation, in most states and territories (save for Western Australia and the Northern Territory), was the introduction of a "serious harm" threshold to...more
When a dispute of any kind is resolved, a "non-disparagement" clause is often included in the settlement agreement to prevent parties from adversely commenting publicly about each other in the future. Especially where there...more
The New South Wales Supreme Court has recently delivered its judgment in Newman v Whittington [2022] NSWSC 249 (Newman), providing the first Australian judicial consideration of the "serious harm" threshold now found in the...more