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ARTICLE · 14 DECEMBER 2020

Limitation periods in Queensland defamation cases

This Supreme Court case gives guidance on the strict limitation periods for bringing a defamation claim in Queensland.

AustraliaLitigation, Mediation & Arbitration

BACKGROUND: HODGETTS V NINE NETWORK AUSTRALIA PTY LTD & ORS

Hodgetts v Nine Network Australia Pty Ltd & Ors ('Hodgetts') is a Supreme Court of Queensland case which gives further guidance on the strict limitation periods for bringing a defamation claim.

In Hodgetts the plaintiff sought damages amounting to $2,475,000,000 from the first, second and third defendants. In June 2015, the first defendant, Nine Network Australia, broadcasted an episode of 'A Current Affair' with a segment titled 'Kyle the Con'. The second and third defendants, Ms Cuthbert and Mr Field, were interviewed in the 'Kyle and Con' segment.

The plaintiff, Mr Hodgetts, at the time the segment aired was developing a video game, which he estimated was going to sell more than 50 million copies (this is more copies than Super Mario Bros and Call of Duty have ever sold). Mr Hodgetts claimed that 'Kyle the Con' portrayed him as a conman and untrustworthy and he consequently commenced proceedings,

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