Serious Harm, Small Audience: When A Defamatory Publication Falls Short Of The Serious Harm Requirement

 A recent decision of the District Court of New South Wales provides another useful illustration of the increasingly important role of the serious harm threshold in defamation proceedings.

In Bashkirtsev v Cook t/as Family Psychology (No 2) [2026] NSWDC 385, the Court determined the serious harm element of the defamation claim as a preliminary issue.

The proceeding concerned a file-note in the form an email prepared by a psychology practice that was sent to the plaintiff’s former wife. The plaintiff contended that the communication conveyed imputations concerning his conduct as a parent, including that he was unreasonable and untrustworthy, had made unfounded allegations about his child’s welfare, and had irresponsibly withheld consent to psychological treatment.