DEFAMATION (AMENDMENT) ACT 1994 No. 93
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2 . Commencement
3. Amendment of Defamation Act 1974 No. 18
SCHEDULE l—AMENDMENTS DEFAMATION (AMENDMENT) ACT 1994 No. 93
NEW SOUTH WALES
Act No. 93, 1994
An Act to amend the Defamation Act 1974 in relation to the functions of trial judges and juries and the assessment of damages in defamation proceedings; and for other purposes. [Assented to 12 December 1994]
Defamation (Amendment) Act 1994 No. 93
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Defamation (Amendment) Act 1994.
Commencement
2. This Act commences on a day or days to be appointed by
proclamation.
Amendment of Defamation Act 1974 No. 18
3. The Defamation Act 1974 is amended as set out in Schedule 1.
SCHEDULE 1—AMENDMENTS
(Sec. 3)
(1) Section 3 (Division of Act):
Omit the section.
(2) Section 7A:
Before section 8, insert:
Functions of judge and jury
7A. (1) If proceedings for defamation are tried before a jury, the court and not the jury is to determine whether the matter complained of is reasonably capable of carrying the imputation pleaded by the plaintiff and, if it is, whether the imputation is reasonably capable of bearing a defamatory meaning.
(2) If the court determines that: (a) the matter is not reasonably capable of carrying the
imputation pleaded by the plaintiff or (b) the imputation is not reasonably capable of bearing a defamatory meaning,
the court is to enter a verdict for the defendant in relation
to the imputation pleaded.Defamation (Amendment) Act 1994 No. 93
SCHEDULE l—AMENDMENTS—continued
(3) If the court determines that:
(a) the matter is reasonably capable of carrying the imputation pleaded by the plaintiff and (b) the imputation is reasonably capable of bearing a defamatory meaning, the jury is to determine whether the matter complained of carries the imputation and, if it does, whether the imputation is defamatory.
(4) If the jury determines that the matter complained of was published by the defendant and carries an imputation that is defamatory of the plaintiff, the court and not the jury is:
(a) to determine whether any defence raised by the defendant (including all issues of fact and law relating to that defence) has been established; and (b) to determine the amount of damages (if any) that should be awarded to the plaintiff and all unresolved issues of fact and law relating to the determination of that amount. (5) To the extent that section 88 of the Supreme Court Act 1970 applies to proceedings for defamation, it applies subject to the provisions of this section.
(3) Section 9 (Causes of action):
From the end of section 9 (5) (a), omit “and”.
Omit section 9 (5) (b).
After section 9 (5), insert: (5A) Notwithstanding subsection (2), if the court or the jury (if any) finds for the plaintiff as to more than one cause of action in the same proceedings for defamation, the court may…