Habib v Nationwide News Pty Ltd

In *Habib v Nationwide News Pty Ltd*, the parties were the plaintiff, Habib, and the defendant, Nationwide News Pty Ltd. The dispute concerned proceedings arising from the publication of defamatory material prior to the commencement of the *Defamation Act 2005* (NSW). The case came before the Court of Appeal of New South Wales.

The central legal issue before the court was whether the procedural requirements for defamation proceedings contained in section 7A of the *Defamation Act 1974* (NSW) had been superseded by sections 21 and 22 of the *Defamation Act 2005* (NSW) for actions that commenced before the latter Act came into force. This involved interpreting clause 2 of Schedule 4 of the *Defamation Act 2005* (NSW) and considering the interaction between its transitional provisions and sections 21 and 22. The court also considered the presumption against retrospectivity and the nature of procedural provisions.

The court reasoned that the expression "the determination of civil liability" within clause 2 of Schedule 4 of the *Defamation Act 2005* (NSW) encompassed both substantive and procedural aspects. It held that the transitional provisions did not operate to replace the procedural requirements of the *Defamation Act 1974* (NSW) with those of the *Defamation Act 2005* (NSW) for pre-commencement actions. Consequently, the notice of motion was dismissed.