ARTICLE · 18 SEPTEMBER 2026
Elements Of Defamation In Queensland
In Queensland, proving defamation requires establishing that a defendant published defamatory matter identifying the plaintiff to third parties, causing serious reputational harm. However, even when all elements are satisfied, claims may still fail due to procedural requirements, corporate plaintiff restrictions, or available defences under the Defamation Act 2005.
AustraliaLitigation, Mediation & Arbitration
Article Summary
A plaintiff alleging defamation in Queensland must prove that the defendant published matter to at least one person other than the plaintiff; the matter was about, or reasonably understood to identify, the plaintiff; it conveyed one or more defamatory imputations to the ordinary reasonable recipient; and the publication caused, or is likely to cause, serious harm to the plaintiff’s reputation. For an eligible corporation, serious harm requires serious financial loss. These elements of defamation arise from the common law together with section 10A of the Defamation Act 2005.
The plaintiff must also be entitled to sue. Most corporations cannot bring defamation proceedings under section 9, and no action lies for defamation of or by a deceased person under section 10. Before filing, the plaintiff ordinarily must give a compliant written concerns notice under section 12A and wait until the applicable offer-to-make-amends period has expired under section 12B. A claim
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