Jamieson v Chiropractic Board of Australia
Case
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[2011] QCA 56
•29 March 2011
Details
AGLC
Case
Decision Date
Jamieson v Chiropractic Board of Australia [2011] QCA 56
[2011] QCA 56
29 March 2011
CaseChat Overview and Summary
Jamieson applied for an extension of time to bring a defamation action against the Chiropractic Board of Australia, arguing that it was not reasonable for him to have commenced the action within one year from the date of publication of defamatory material on the Board's website. The primary judge denied the application, but the appeal was allowed by the court. Jamieson sought an extension of time to bring a defamation action against the Chiropractic Board of Australia, which had published defamatory material on its website. The legal issue before the court was whether it was not reasonable for Jamieson to have commenced the action within one year from the date of publication. The court found that it was not reasonable for Jamieson to have commenced the action within the one-year period, as he was not aware of the defamatory material until some time after its publication. The court held that the primary judge had erred in finding that it was reasonable for Jamieson to have commenced the action within the one-year period. The court granted the application for an extension of time to file proceedings for defamation, ordering that Jamieson be granted an extension of time to file proceedings for defamation to 16 April 2010. The appeal was allowed with costs, and the orders made by the primary judge were set aside. The proceedings continue against the Chiropractic Board of Australia, and the application to admit further evidence was refused.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
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Defamation
Legal Concepts
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Limitation Periods
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Defamation
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Compensatory Damages
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