Who can sue for defamation in Australia?

Article Summary

Before commencing a defamation claim in Australia, a plaintiff must have legal capacity to sue — a strict threshold issue that governs whether a claim can proceed.

This capacity depends on the plaintiff's legal status, such as whether they are a living individual, an eligible corporation, or part of a partnership.

Many entities — including deceased persons, unincorporated associations, most corporations, and government bodies — are barred from suing.

The law is structured to protect personal reputation while maintaining freedom of speech and preventing misuse of court processes.

In this article, our defamation lawyers explain who can and cannot sue for defamation under Australian law, why capacity matters, and what strategic and statutory considerations must be weighed before initiating proceedings.