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ARTICLE · 29 FEBRUARY 2012

Rumour has it: recent defamation claims

The ease of posting comments online, even if thought to be anonymous, could generate an increase in defamation claims.

AustraliaLitigation, Mediation & Arbitration

The average number of defamation cases in the High Court is usually only one per year. The contender for 2011 was Cush v Dillon [2011] 279 ALR 631. This case was rather unremarkable in terms of public interest and concerned false rumours of an affair within the workplace. The respondent, Mrs Dillon informed the chairman of the board of a water catchment management authority (Authority) that it was common knowledge that the General Manager, Ms Cush was having an affair with one of the board members, Mr Boland.

In fact, this was false and Mrs Dillon did not believe it to be true when she told the chairman. The question for determination was whether the communication to the chairman was protected by qualified privilege and whether the statement concerning the affair was relevant to such an occasion.

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